EP#222 | Fifty Shades of Consent: When BDSM Becomes Criminal

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How far can consent go?

In this episode of Not On Record, Joseph Neuberger and Diana Davison return to an issue they have discussed several times: the complicated intersection of BDSM, sexual consent and Canadian criminal law.

For people involved in BDSM and alternative sexual communities, consent can be highly structured. Partners may negotiate boundaries in advance, use safe words or colour systems, communicate exactly what acts they are comfortable with, and even put their agreements in writing.

So what happens when someone later complains?

Joseph discusses two current cases involving clients who had established specific communication systems for consent, yet were still charged with sexual assault. The central question is whether negotiated consent systems have any legal protection when the criminal law is applied after the fact.