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Is BDSM illegal in California?

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  1. While all forms of sexual activity are normally regarded as legal if they are consensual, this does not have to be the case with BDSM. In California, as well as other states, BDSM interactions that include physical harm to the persons involved are seen as assault and the one inflicting such injuries may face prosecution, even if the other person or persons consented to the act. In the case of California, there is the famous, early example of People v. Samuels, where Mr. Samuels, a sadist who whipped several men who were bound, was convicted regardless of the presence of consent. This trial took place in 1967 and the way state views such interactions has not changed since. In the eyes of the law, BDSM is not a form of sexual activity but violence and thus illegal, even if consensual.

    joseph - Dec 28, 2016 | Reply


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