We know many of you were interested in the case of the Swedish BDSM prosecution, that we discussed in a post and SpankingCast earlier in the year. Whilst this is a complex case in many ways, we’re rather relieved to hear that the accused man was found not guilty on Tuesday – click here for a report from a Swedish newspaper.
As victories go, not much of one. A huge one for the defendant, but since the court ruled that one cannot consent to aggravated assault and lowered the charge to simple assault, it is more of a contrived victory. No one knows what might be considered an aggravated assault. A different judge might easily have found him guilty, as well. So, hurray for the couple involved, but those in Sweden (and everywhere else) better be on guard and hope no one changes their mind later.
Sorry to be a downer.
I disagree. According to the article the court heard evidence that the defendant did the following things to the “victim” but that those things, alone and in combination, did not amount to “aggravated assault,” but were only simple “assault.” Because those things were only “assault,” the defense of consent was allowed and the defendant established that the “victim” consented.
“During their sexual encounter, which took place in January, the girl allowed herself to be locked in a cage and have clamps attached to her breasts, according to several media reports.
The 16-year-old was also hit with whips and rulers, and made to have oral sex until she vomited, according to Aftonbladet.
Police were alerted to the alleged assault when a relative of the teen noticed she had bruises all over her body.”
So, at least in Sweden, locking a person in a cage, putting clamps on breasts, hitting with whips and rulers, forcing oral sex until the recipient vomits, and bruising a person “all over her body,” is simple assault and consent is a defense.
I think that is a very positive, enlightened step forward.
At least they made the distinction that it takes more than a simple charge of assault. Aggravate assault usually means an attempt to cause serious bodily injury. In a way, that exactly fits what probably most people in the community would define as the distinction between BDSM and crime, because I doubt anyone in the community is trying to cause serious bodily harm.
Just don’t practice your lifestyle with a police officer! (See http://en.wikipedia.org/wiki/Assault#Aggravated_assault.)
I think the fact that the pair had discussed everything thoroughly in advance and that the girl had prior experience (wtf? at 16?) must have counted heavily in this man’s favour. This is certainly a victory for common sense – a thing that certain other countries have in short supply (yes, looking at you America!).
Regarding the aggravated assault distinction, AFAIK aggravation is more about further criminal behaviour (e.g. kidnapping, intent to permanently injure) rather than the level of violence in and of itself.