Jump to ContentJump to Main Navigation
The Structures of the Criminal Law$
Users without a subscription are not able to see the full content.

R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros

Print publication date: 2011

Print ISBN-13: 9780199644315

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199644315.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 July 2020

Criminalizing SM: Disavowing the Erotic, Instantiating Violence

Criminalizing SM: Disavowing the Erotic, Instantiating Violence

Chapter:
(p.59) 4 Criminalizing SM: Disavowing the Erotic, Instantiating Violence
Source:
The Structures of the Criminal Law
Author(s):

Sharon Cowan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199644315.003.0004

In England it was held under R v Brown and subsequent sadomasochistic (SM) cases such as R v Emmet that injuries, including those inflicted during sadomasochistic sex, amounting to or more serious than actual bodily harm cannot be justified by consent. This chapter presents some thoughts on the regulation of SM. It explores the criminalization of SM by examining the ways in which the debate appears to be plagued by a series of problematic and challenging dichotomies (for example, harm/consent, sex/violence, public/private). Questions about the criminalization of SM are deeply embedded within the framework of opposing dichotomies, furthering the tensions that arise when the views of those engaging in a practice that they see as non-criminal come into conflict with those of the state, which labels their acts as criminal offences. Problematizing the binary nature of this conversation implicates the very structure of the criminal law — is consent part of the offence definition or is it a defence to sado-masochistic sex? The chapter brings feminist and queer critiques to bear upon the criminalization of SM, so that the criminal law might acknowledge the ways in which sexual behaviours and desire defy neat binary categorization. In so doing, it aims to problematize the offence/defence distinction, while promoting respect for and protection of bodily integrity and sexual intimacy within the criminal law.

Keywords:   R v Brown, R v Emmet, sadomasochistic cases, bodily harm, sado-masochistic sex, sexual behaviours, feminism, queer

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .