Current UK law concerning concerning consenting adults SM activity.
http://www.spannertrust.org/documents/smandthelaw.asp
SM and the Law
The information below is intended as guidance for those wanting to know more about the UK law as it applies to SM activity.
There is no substitute for professional legal advice and if you are in doubt you should obtain this first, specially if you find yourself in discussions with the police.
Is SM Illegal?
SM activity is an illegal assault if it results in marks or injuries which are more than transient and trifling. These words are highly subjective and open to interpretation. The following are likely to be considered by Judge Rant to be illegal: heavy beatings which leave lasting marks; any activities which leave scars, bruises etc. A heavy love bite could now be unlawful. There are some areas which are well clear of the ruling. Fantasy sex, role playing and dressing up are outside his judgement. So you can wear as much leather, rubber, uniforms and fetish gear as you wish. Bondage falls outside his judgement too, if there are no lasting marks. Shaving, mummification and watersports are unlikely to be considered assaults. It is likely that mild corporal punishment, where there is no injury, would be considered trifling. However you should be aware that the judgement does not define what is trifling and the ruling is open to many interpretations. Any prosecutions which attempt to define these need to be fought, supported by the best, well-informed legal advice. top of page
How To Protect Yourself
This article cannot encourage you to break the law. However it can offer you advice on what you should avoid. If you believe you may have engaged in SM activity which could be classified as actual bodily harm or grievous bodily harm, then you can only be prosecuted it there is evidence against you. This evidence could be your own statement, or that of another participant. The evidence could be in the form of documentation such as letters, photographs cassette recordings or videos. If you are questioned by the police, remember that, whatever they say, you are under no obligation to say anything to them, even if they arrest you. However it may in certain circumstances be in your interests to answer police questions at a Police Station . You should NEVER try and decide this on your own. You should ALWAYS seek legal advice. If you are arrested you must ask for a solicitor as soon as you arrive at the Police Station. Solicitors are completely free whilst you are in police custody. Don't let the police persuade you that waiting for a solicitor will delay your detention. Don't be taken in by a friendly copper who "just wants to help you through this difficulty". The police have no right to search your home unless they have a Warrant or unless you are arrested for certain types of offence. Don't be taken in by statements by them to the effect that, it you admit the offence, things will go easier for you in court. Or that, if you give them details of other people's activities or identities, they will go easy on you or 'let you off'. Without your statement, they may have no evidence to convict you or your friends. Always insist on having a solicitor present when you are questioned. These are your rights. A videotape or photograph, cassette recording or letters which identify individuals engaging in SM scenes which could now be unlawful will provide the police with good evidence with which to bring a prosecution. Be aware that identification of individuals can come from recognisable surroundings or body markings such as tattoos or piercings. top of page
Prosecutions since the Spanner Case
Since the original case there have been a number of police raids, arrests and prosecutions for both gay men and heterosexuals based on the possibility that they had engaged in illegal SM activities. In a raid on a house in Hoylandswaine in West Yorkshire 36 gay men were arrested and their clothing and accessories were taken away. Despite persistent questioning the men refused to divulge any information to the police about their actual or intended activities and in the end no charges were made. However it took the men some time and legal assistance to recover all their property. Two further cases concerned heterosexual married couples. In both cases the husband had placed serious marks on his wife's body in the course of a consensual SM scene. In each case when the case came to trial the Judge ruled that what took place within the confines of a consensual private relationship was of no concern to the court. These cases do not invalidate the original Spanner judgement nor is it clear how they affect SM activity outside heterosexual marriage. top of page
Legal Advice
Listed here are some people and organisations who are willing to provide advice and legal representation to people involved in SM activities.