What Is Sadomasochism?

Superior Essays
Over himself, over his own body and mind, the individual is sovereign.’ John Stuart Mill

‘The function of the criminal law... is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation and corruption of others…’ Wolfenden Report

Introduction

These quotations illustrate a contentious area in legal policy and debate. They support the provided statement which describes the conflict that the law has faced in balancing the two principles. On the one hand is the individuals’ right to personal autonomy and to choose what he does with his body, as supported by the Liberalist
…show more content…
The practice of sadomasochism is the deliberate use of physical and/or psychological ‘pain’ to produce sexual arousal. This may appear as an oddity to some of society however research implies that such behaviour can be traced throughout history. Hart argues that ‘it is one thing to disapprove of and criticise but another to impose legal liability’. This would imply that the reason for regulating sadomasochistic behaviour is based on a moral judgement. In support of this, Tolmie has described the regulation of sadomasochism as the criminal law enforcing ‘morally acceptable standards of behaviour upon those who ought to be free’. From this it could be concluded that the law is acting paternalistically by imposing regulations. In conflict, the result of this paternalism is the depravation of ‘the individual of the right to choose how far they are willing to go’. It is important to raise the point that not all sadomasochistic behaviour would be regarded as illegal. This in itself raises an analytical point as there appears to be a grey area of what behaviour would and would not be …show more content…
It is not disputed by this project that the purpose of The Act was to protect individuals from harm. What is disputed is whether The Act can be used to prosecute an activity ‘which was never in mind when the act was drafted’?. Anthony Furlong commented that ‘it is the essence of a crime against the person that injury is inflicted contrary to the will of the victim’. Sadomasochists however present a category of people who are consenting to the harm. Therefore, it could be argued that they are distinguished from the category of people that The Act aimed to protect and that their mutual consent to the behaviour should negate criminal liability. An advocate for the behaviour of a sadomasochists would argue that ‘sadomasochistic acts between consenting adults carried on in private should not fall under the Act of 1861’. This argument was explored in the case of R v Brown. Janice Tsang described Brown as an ‘an excellent illustration of the conflict between the rights of individuals and the right of the State to interfere with those rights’. This is demonstrated by the facts of the case where five men were convicted of offences under the Act for injuries inflicted during consensual sadomasochist activities. It still remains law that consent to a behaviour that occasions ABH or a more serious injury cannot negate liability. In contrast, the case named exceptions

Related Documents

  • Decent Essays

    In Staci Newmahr’s article, she details research collected over four years of being embedded in a sadomasochist (SM) community in northeast United States called Caeden, where she participated, observed, and interviewed other members of the community. Overall, Newmahr argues that SM is not about sex, which is contrary to popular beliefs in the media and in academic research (Newmahr, pg. 317). Rather, she argues that SM is serious leisure, which could be compared to activities like rock climbing or snowboarding. Newmahr draws on Robert Stebbins’ definition of serious leisure, which is characterized by perseverance, leisure as a career, learning new skills, durable benefits, unique ethos, and personal identity to describe SM (Newmahr, pg. 318).…

    • 253 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Brothel Boy Case Essay

    • 1169 Words
    • 5 Pages

    Examining the brothel boy case, the boy committed an act considered actus reus due to the fact of the force used during intercourse, however, there was no criminal intent of rape and/or causing the head wound…

    • 1169 Words
    • 5 Pages
    Great Essays
  • Great Essays

    In the essay “Why Abortion is Immoral,” philosopher Don Marquis uses utilitarian principles to argue that “abortion is, except in rare cases, seriously immoral… [and] in the same category as killing an innocent human being” (223). However, he deliberately avoids relating his thesis to abortion in the specific contexts of rape, maternal death, and severe postpartum health complications. Thus, in my analysis of his claim, I plan on adopting Marquis’ utilitarian perspective to evaluate the permissibility of abortion in regard to these delicate scenarios. I will begin my paper by giving a brief summary of “Why Abortion is Immoral.”…

    • 1937 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    The progressive-era was a social change that provided a little more freedom for woman in New York City. Although, women were still expected to uphold their image of innocence. Meanwhile society continued to be shaped by gender and sexuality. The people of the State of New York against Max Krakauer was a formula of the same elements, which also were the same elements of crime. This particular crime, seduction.…

    • 838 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In this essay of Roe V Wade, I believe that the court made the correct judgment. There are many topics that are heatedly debated in today’s society. Abortion, however, is a topic that never seems to get settled. With so many people from different walks of life residing in the United States, there are bound to be several clashing views and opinions on the subject of abortion. The court case of Roe V. Wade has to be the greatest stepping stone in the subject of abortion.…

    • 829 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Abortion law has been debated amongst all countries and different systems of government since the evolution of modern contraceptive medicine, although, the debate has only became more heated proceeding women finding salvation. The issue of whether abortions should be criminal or permitted is remarkably complex with a multitude of perspectives. In Australia, the Offences Against the Person Act of 1861 was passed and abortion became a criminal offense. Each state formed a variety of time lengths and regulations surrounding the limits of terminating a pregnancy, nethertheless the procedure gained a stigma. During this era, it was typical for women to be denied simple rights, consequently, exercising control of their bodies seemed impossible.…

    • 191 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Sex has always been closely analyzed by society. There are so many rules and restrictions that have been placed upon it. This is especially true in 15th century Europe, but still remains true today. During the late 1400’s sodomy was a crime that could be committed by men and women, although the term was not used when in reference to women. Sodomy was somewhat of a new trend being recognized in women, but rising in popularity.…

    • 874 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Marquis and the Immorality of Abortion There are few topics that are as fraught with tension as abortion; it is easily one of the most politically divisive topics. Nine out of ten liberal Democrats say it should be legal in all or most cases, and seven out of ten conservative Republicans say it should be illegal in all or most cases (Pew Research). It is fiercely debated by philosophers and laymen alike in daily life, academic circles, and in state and federal Supreme Courts, and many an individual has crafted an argument supporting or rejecting it. Don Marquis is one of those individuals. He argues against abortion from an angle known as the valuable future view, and his argument is seen as one of the most secular and reasonable anti-abortionist…

    • 1012 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    An Ethical Question of Abortion It’s very likely, in one’s lifetime, a person will question their own existence, what it means to be alive, and what consciousness might be. These are among the struggles of the human mind to understand itself. We find ourselves in a varying world of class, opinions, battlefields, and differences. This diversity requires us to make decisions in society that are based on the most fundamental modes of knowledge and just decision-making. Among these decisions is the issue of abortion?…

    • 1655 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    Moreover the reason for these criminals to commit this horrific action is to just satisfy their instinctive desire without any scruples. Sexual assault is not simply unplanned crime of passion. Rather, it is about exerting power over the victim to take away any control the victim has is this…

    • 1092 Words
    • 5 Pages
    Great Essays
  • Great Essays

    Title Abortion has been a well-versed debate for as long as anyone can remember. It has been a lengthy fight because no matter what, everyone is going to have his or her own opinions and views that are bound to clash with others’. The controversy of abortion has grown quite large over the years, and with this growth, an increase in violence and protests has tagged along for the ride. THESIS…

    • 1375 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Within Victorian England, there existed a particular perspective surrounding the image of women, and ultimately, this molded the expectation of their roles within society. In Ian Wards book, Sex, Crime, and Literature in Victorian England, the author addresses four main areas of concern surrounding England. Within the text, Ward incorporates a significant amount of literature from the time period in order to better reflect the conditions of the country, and its people. Of these four areas of concern, the last dealt with the problem of prostitution. In the discussion of prostitution, Ward dives into the topic by instilling the reader with the use of literature, historical lawful documents, and the perspective of the people.…

    • 1046 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    In today 's society there is a varied view over the rights that women are entitled to as well as the right to marriage equality. In the May 25, 2015 edition of the New Yorker, Harvard history professor and author, Jill Lepore writes "To Have and to Hold" (34-39). Lepore discussed these issues that have become extremely controversial and have, recently, caused many problems. This is due to the fact that many citizens have held these rights withheld from them, and in multiple cases it has proven detrimental to health of many.…

    • 1581 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Other ethical theories such as Utilitarianism, focuses on the ratio of benefits and burdens that are associated with a choice, as well as Consequentialism, which determines morality based on the consequences of an act. Kant’s ideas are commonly referred to as ‘Duty Ethics’. In this theory, morality is rooted in good-will among people and our basic duty in society is to cultivate and establish a healthy community and form relationships with other people. Both male and female prostitution defy this definition of morality. In the guidelines given in the example, it is made clear that the men or women involved in prostitution are participating on their own will.…

    • 1100 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Ivie Eboigbodin Qualitative and Quantitative Pleasures Qualitative and Quantitative pleasures come out of Utilitarianism. Utilitarianism can often be thought of as dangerous and wretched because it allows for seriously immoral acts to take place. Utilitarianism argues for maximum pleasure to take place, but in doing so can allow such acts as rape, torture etc. Therefore many disregard the act because of its possible immoral acts that could take place. However the Philosopher Mill has come up with two different levels of pleasure, qualitative and quantitative, to determine which acts are worth pursuing.…

    • 899 Words
    • 4 Pages
    Improved Essays