The Law and You

by Sir Bamm!

Each newsletter I try and write an article that may be of interest to the BDSM community; this edition I would like to discuss SSC (Safe, Sane and Consensual) and RACK (Risk Aware Consensual Kink).

Disclaimer
The material presented below is not offered as legal advice. Many options are suggested for dealing with law enforcement and other authorities; the best course of action for you to take in a given situation is dependant on that situation and is entirely up to the parties involved; No single action is always going to work. Remember that situations, laws and attitudes will vary from place to place and from time to time. Whichever option you take is up to you; Interpretation of the law may be different from the spirit of the law at the level of officer, prosecutor and judge

SSC
Since we hear, so often, the term, "Safe, Sane and Consensual", I figured I'd give you some background to what that means.

The community-wide standard of "Safe, Sane and Consensual" was codified more than a decade ago.

Safe is being knowledgeable about the techniques and safety concerns involved in what you are doing, and acting in accordance with that knowledge.
This includes protection against HIV, STDs, and hepatitis. It also includes notifying your partner of any physical condition that may impact on the scene, like asthma, a bad back, epilepsy, etc. It also includes psychological safety, such as if you were abused as a child and don't like a particular part of your body being touched.

The SM community has always concerned itself with safety issues by supporting educational and social organizations that teach the proper way to use equipment, such as: how to tie wrists without putting pressure on the inside of the hand or arm; how to properly clean equipment; which areas on the body are unsafe to stimulate or hit.
Sane is knowing the difference between fantasy and reality, and acting in accordance with that knowledge.
Sane includes being of clear mind, and I strongly recommend that mind-altering substances should be avoided during a scene because it impairs judgment.
Consensual is respecting the limits imposed by each participant at all times. One of the recognized ways to maintain limits is through a "safeword".
If it's nonconsensual, then it's abuse or assault. SM must be consensual.

To determine if informed consent has been reached, you can offer answers to the following questions:

Was informed consent expressly denied or withdrawn? (Similar to rape standards, if one of the participants withdraws consent during the activity, that must be respected)
Were there factors that negated the informed consent? (Alcohol impairment, drug use, underage participants)
What is the relationship of the participants? (First encounter or long-term partner?)
What was the nature of the activity? (Did it cause permanent harm, was it unsafe, and was it enjoyable?)
What was the intent of the accused abuser? (To cause pleasure, to gain dominance, to hurt?)

The above information was gathered from various sources, including Tammad Rimilia's web site.

RACK
Another alternative for Safe, Sane and Consensual, is Risk Aware Consensual Kink, or RACK. RACK is sometimes used by those who don't necessarily agree with the subjectivity of Safe, Sane and Consensual and certain others. Some people who are extemely "edgy" in their play habits also admit that they use the term "Risk Aware Consensual" in place of SSC.

RACK's main focus is on pre-negotiation with detailed informed consent, rather than the focus on the safety issues. Those involved in these risky play behaviors, consider themselves well educated enough that they are willing to overlook certain safety precautions in order to enjoy the pain and the danger.

RACK assumes better negotiations, as well as more detailed informed consent, then concern over the safety of the play.

Most well established BDSM groups, clubs and private parties consider SSC much more appropriate for SM play than RACK.

The above information is not intended to change anyone's mind or sway opinion. It is simply an explanation of some of the types of play you may encounter and the reasons why some may be allowed in certain situations while others are not.

Why would you want to meet with local law enforcement agencies?

To develop a relationship? Dispatchers typically like it when they are contacted before potential problems show up.
To repair or develop a relationship after a negative encounter? Such as an arrest or a big media fiasco.
To determine the "community standard" regarding SM and the police or prosecutor's stand on it.
To find out if the prosecutor is interested in pursuing cases against SM activities
To formulate guidelines for your activities that address their concerns they may offer guidelines such as: no minors, no alcohol, no money, etc.).

Preparation:
Research your local political climate and the key government positions and elected officials.

Who to Contact:
Legal:

The DA (or prosecutor)
Vice or Sex Crimes Unit
Precinct or District Supervisor
Domestic Violence Unit
Special Assistance Services

Administrative:

Colleges and University Criminal Justice, Sociology and Psychology departments are good allies.

Presentation and Delivery:

The method of delivery used may be that of a formal presentation, meeting or seminar, or can be an informal get together with members of the appropriate units.

Include information that has been well documented, such as:

Include What SM Is?
- At least one out of every 10 people you meet probably include some aspects of sadomasochism (SM) in their lovemaking.
- The American Psychiatric Association says that SM is not a psychological disorder unless it has a profound negative impact on other aspects of a person's life. (Diagnostic Statistical Manual, DSM-IV)
- Consensual SM activities have been performed throughout history.
- SM people come from all walks of life, and can be of any race, gender or sexual orientation.
- Media stereotypes are wrong. While they usually portray the dominant, top or sadist doing whatever he wants, without regard to the desires of the submissive, bottom or masochist, in reality, the bottom has the final say.
- SM requires consent from all the parties involved. Without informed consent, it is not SM.
- Safe, sane, and consensual play is the standard of the organized SM community; it relies on the use of a "safeword" that allows the bottom to stop the action at any time.
- Safe, Sane and Consensual (SSC), as defined at the Leather Leadership Conference II:
  
  "Safe" being knowledgeable about the techniques and safety concerns involved in what you are doing, and acting in accordance with that knowledge.
  
  "Sane" knowing the difference between fantasy and reality.
  
  "Consensual" respecting the limits imposed by each participant, at all times.
- Children are incapable of giving informed consent. They are never a part of SM activities.
Include what distinguishes SM form Domestic Violence:
- SM is consensual. Each participant consents freely to the activity and each is free to leave at any time.
- SM partners ask for, and enjoy, making love this way. Participants don't apologize for what they do with each other. Instead they are happy and satisfied.
- SM partners take great care to make sure that their activities are as safe as possible and frequently hold educational meetings on how to engage safely in these activities.
Include the Differences Between "Probably Cause" and "Consensual Play":
- SM happens in the context of an erotic relationship. Just as context helps differentiate an organized boxing match from a street brawl, context can help you identify consensual SM.
- Are there signs of erotic arousal and lovemaking?
- Who called 911? - SM participants, like anyone else, will call 911 in a medical emergency. Neighbors may call if they hear sounds they do not understand.
- Are there signs of significant preparation?
- Do you see adult SM toys (floggers, whips, paddles), music, bondage furniture, sexual lubricants and safety supplies?
- Were restraints used? Abusers tend to restrain their victims with fear and intimidation rather than corded rope, quick release handcuffs, scarves, etc.
- Do the participants seem knowledgeable on the subject of SM and safety?
Give Them a List of Questions to Ask:
- What is your partner's "safeword"? An abuser will not even know what this questions means.
- Where are your safety supplies? Abusers don't pre-plan or care about having safety supplies on hand. This can include disinfectant for toys, rubber gloves, alcohol wipes, band-aids, lubricants, etc.
- Do you want our intervention?
- What this even consensual?
- Do you have a "safeword"?
- Could you stop what was happening at any time?
- Were your limits being respected?

The presentation may be proactive (prior to a bad situation) or reactive (responding to a bad situation). In any case, always use the following criteria:

Be polite.
Be honest (Cops are usually pretty good at recognizing liars).
Use simple language " you don't have to shock and awe them with how much you know about SM or how you participate or the things that you do. You don't want to make them feel as if you are condescending. You don't have to share any intimate details.
Use your common sense.

Tips for the content of your presentation:

Avoid graphic descriptions of SM activity.
Stress that there is NO alcohol allowed (if applicable).
Stress that there are NO drugs allowed
Stress that there are NO minors allowed.
Stress that this is a desired and consensual activity by all participants.
Focus on education and support aspects.
Include phrases such as, "supervised environment", "safety rules", "safety precautions" and "educational" when applicable.
Stress that it is NOT an escort service, NOT prostitution and NOT adult entertainment.

Pros and Cons of NOT Approaching Local Law Authorities:

By not going to the authorities, you can operate the groups "under the radar".
By not going to the authorities, you might always be fearful of the authorities finding out about the group.
By not going to the authorities, you may get raided for various reasons (they will find something if they want to).
By not going to the authorities, you will not be giving yourself the opportunity to establish a good rapport with authorities if you do come under scrutiny.
By not going to the authorities, they may see this as an attempt to avoid them.

Pros and Cons of Approaching the Authorities:

By approaching authorities in advance, they may say they don't like you or will not issue you your desired permit or give you the desired outcome.
By approaching authorities in advance, you most likely will have to go through many legal hoops to operate.
By approaching authorities in advance, you can be reasonably sure that they will come to you if issues arise.
By approaching authorities in advance, a disgruntled scene person can't go to the authorities to call attention to you.
By approaching authorities in advance, you establish a good rapport and a working relationship with authorities.
By approaching authorities in advance, you present less risk to your members.
By approaching authorities in advance, members are freer to report occurances that happened during the event (accidents, stolen toy bags, harassment, etc).

After meetings with Authorities:

Follow up your meeting in writing, if possible.
Once a relationship is established with authorities, continue to make contact and update them with your upcoming events and educational classes and continue to make periodic contact.
Volunteer to help with law enforcement programs.

A great deal of the above information was taken from the NCSF-LEOP brochure as well as the NCSF Wallet Reference Card, both available from the NCSF.

National Coalition for Sexual Freedom / Law Enforcement Outreach Program will sometimes work closely with a group requesting a presentation prior to the event.

For more information, feel free to contact Sir Bamm!

About the Author

Sir Bamm! is the Chief Security Officer for SAADE and along with his degree in a related field, he has many years of involvement with law enforcement agencies, was a part of the Support Staff for the Forsyth County Detention Center and spent numerous years working in and around the Forsyth County Courthouse, in Forsyth County, North Carolina