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In the late 1980s, British police launched a large-scale investigation into men in the UK who were involved in abusive acts with other men. The investigation, called Operation Wrench, lasted three years. During that time, dozens of gay and bisexual men were questioned by police, and 16 of them were eventually accused of secretly engaging in consensual sexual abuse.
The subsequent trial led to a House of Lords ruling known as R v Brown, which established a legal precedent that is still valid today: consent is not a valid defence to inflicting bodily harm. As a result, it criminalizes many BDSM practices and opens the door to prosecuting those who engage in them, even if no victim complains at all.
How did the court come to this decision? Looking back on the record, it seems to stem in part from the mistaken assumption that people who are interested in BDSM are "sick" and naturally prone to violence in the real world, and therefore society needs to protect them. As Lord Templeton said in his judgment in the case: "Society has the right and duty to protect itself from the cult of violence. Pleasure from pain is an evil thing. It's cruel and uncivilized."
This verdict is interesting because it does not apply to all forms of consensual violence. In fact, bodily injury caused by boxing or other sports was not in R v. Brown and has always been legal under English law. The sport is considered legal because the injured party consents.
The legal double standard in dealing with injuries caused by sport and injuries caused by consensual BDSM is not unique to the UK - it exists in the US and many other parts of the world.
All of which raises important questions about what role, if any, the government should play in regulating consensual sex. In addition, if consensual BDSM is legalized, some fear that those who commit sexual and domestic violence may try to use it as legal cover to prevent themselves from being held accountable for their crimes.