Edited by Chris Ashford and Alexander Maine
Chapter 35: Red, white, and BLACK AND BLUE: the American criminalization of BDSM
This chapter will explore the legal concept of consent in context of BDSM relationships. Battery is the intentional infliction or harmful contact. Most jurisdictions do not recognize consent as a valid defense to battery within BDSM play, resulting in criminal charges being filed against consenting adults. This chapter will explore the notion of consent in comparison to other activities that require battery, such as sports, and argue in favor of an affirmative defense of consent.
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