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The Spanner Trust is a United Kingdom organisation set up to campaign for the right for adults to take part in consensual BDSM activities without fear of prosecution. It was set up after the Operation Spanner court case. As part of its campaign, the Spanner Trust has made a number of submissions to government consultations regarding sadomasochistic activities.
In 2005 the Spanner Trust helped create Backlash, a group opposed to the Government's plans to criminalise possession of what it has termed "extreme pornography". The law covers acts between consenting adults, and realistic depictions of acts.
In the Criminal Justice and Immigration Act 2008, the British Government cited the Spanner case (Brown [1994] 1 AC 212) as justification for criminalising images of consensual acts, as part of its proposed criminalisation of possession of "extreme pornography". [1]
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A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. Because it is consensual in nature, whether there involves a victim is a matter of debate. Definitions of victimless crimes vary in different parts of the world and different law systems, but usually include possession of any illegal contraband, recreational drug use, prostitution and prohibited sexual behavior between consenting adults, assisted suicide, and smuggling among other similar infractions.
A consensual crime is a public-order crime that involves more than one participant, all of whom give their consent as willing participants in an activity that is unlawful. Legislative bodies and interest groups sometimes rationalize the criminalization of consensual activity because they feel it offends cultural norms, or because one of the parties to the activity is considered a "victim" despite their informed consent.
Operation Spanner was a police investigation into same-sex male sadomasochism across the United Kingdom in the late 1980s. The investigation, led by the Obscene Publications Squad of the Metropolitan Police, began in 1987 and ran for three years, during which approximately 100 gay and bisexual men were questioned by police.
Rape pornography is a subgenre of pornography involving the description or depiction of rape. Such pornography either involves simulated rape, wherein sexually consenting adults feign rape, or it involves actual rape. Victims of actual rape may be coerced to feign consent such that the pornography produced deceptively appears as simulated rape or non-rape pornography. The depiction of rape in non-pornographic media is not considered rape pornography. Simulated scenes of rape and other forms of sexual violence have appeared in mainstream cinema, including rape and revenge films, almost since its advent.
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done.
Jane Longhurst was a British special-needs teacher and musician who was murdered by Graham Coutts on 14 March 2003. Longhurst's partly decomposed body was found burning in woodland in West Sussex, England on 19 April. Coutts – who was dating Longhurst's best friend – was a guitarist and part-time salesman living in Brighton.
Backlash is an umbrella group formed in 2005 to coordinate opposition to the “Consultation on the possession of extreme pornographic material” issued in the United Kingdom jointly by the Home Office and the Scottish Executive. Its stated belief is that the proposals underlying the consultation represent an unjustified assault on freedom of speech and freedom of expression.
Internet censorship in the United Kingdom is conducted under a variety of laws, judicial processes, administrative regulations and voluntary arrangements. It is achieved by blocking access to sites as well as the use of laws that criminalise publication or possession of certain types of material. These include English defamation law, the Copyright law of the United Kingdom, regulations against incitement to terrorism and child pornography.
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
The Consenting Adult Action Network (CAAN) is a grassroots network of individuals in the United Kingdom that was formed in 2008 to protest and oppose laws restricting activities between consenting adults, most notably the criminalisation of possession of "extreme pornography" under Section 63 of the Criminal Justice and Immigration Act 2008.
Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law was enacted from 26 January 2009. The legislation was brought in following the murder of Jane Longhurst by a man who was said at the time of his trial to have had "extreme pornography" in his possession at the time of the death. The law has been more widely used than originally predicted, raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament.
In People vs Freeman of 1988, the California Supreme Court stated that adult film production was to be protected as free speech under the First Amendment. They ruled that since such films did not include obscene images and indecency, and stayed within society's standards, the adult film industry should be granted the freedom of speech. Escaping highly regulated government intervention, regulation in the adult film industry has been limited to preventing child pornography. In the United States Code of Regulations, under title Title 18, Section 2257, no performers under the age of 18 are allowed to be employed by adult industry production companies. The failure to abide by this regulation results in civil and criminal prosecutions. To enforce the age entry restriction, all adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.
The anti-pornography movement in the United Kingdom is a social movement that seeks to reduce the availability of pornography in the country. The movement originates from two distinct perspectives: some feminists oppose pornography because they regard it as a means of degrading women, while some conservatives view it as immoral. The movement has had some influence over legislation, resulting in a number of laws intended to restrict the availability of certain genres of pornography which are legal in a number of other countries. Feminists Against Censorship have described the movement as more concerted and better organised than similar movements in other Western liberal democracies.
Age of consent law in Canada refers to cultural and legal discussions in Canada regarding the age of consent, which was raised in May 2008 as part of the Tackling Violent Crime Act. This applies to all forms of sexual activity.
The Coroners and Justice Act 2009 is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales.
Naz Foundation v. Govt. of NCT of Delhi is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.
Criminalization of consensual BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense. In Germany, Netherlands, Japan and Scandinavia, such behavior is legal in principle. In Austria the legal status is not clear, while in Switzerland some BDSM practices can be considered criminal.
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The Parliament of India passed the 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' regarding child sexual abuse on 22 May 2012 making it an Act. The rules formulated by the government in accordance with the law had also been notified on the November 2012 and the law had become ready for implementation. There have been many calls for more stringent laws.
The Criminal Justice and Courts Act 2015 is an Act of the Parliament of the United Kingdom which made a number of changes to the criminal justice system. It was introduced to the House of Commons on 5 February 2014 by Lord Chancellor Chris Grayling and received Royal Assent on 12 February 2015.
Clare Mary Smith McGlynn is a Professor of Law at Durham University. She specialises in the legal regulation of pornography, image-based sexual abuse, violence against women, and gender equality in the legal profession. In 2020, she was appointed an Honorary QC in recognition of her work on women's equality in the legal profession and shaping new criminal laws on extreme pornography and image-based sexual abuse. She was awarded an Honorary Doctorate from Lund University, Sweden, in 2018 in recognition of the international impact of her research on sexual violence and she is a Fellow of the Academy of Social Sciences. She has given evidence before Scottish and UK Parliaments on how to reform laws on sexual violence and online abuse, as well as speaking to policy audiences across Europe and Australia. In November 2019, she was invited to South Korea to share international best practice in supporting victims of image-based sexual abuse and she has worked with Facebook to support their policies on non-consensual intimate images. She regularly contributes to media debates about her areas of expertise, commenting in 2017 on whether pornography should be included on the school curriculum, whether it is ok to watch pornography in public, celebrity image-based sexual abuse, and on the proposed regulation of upskirting in England and Wales. She has submitted evidence to UK and Scottish Parliamentary committees. Her work with Erika Rackley on the cultural harm caused by rape pornography was instrumental in the Scottish Parliament's decision to criminalise possession of such material. McGlynn and Rackley were involved in Rape Crisis London's campaign to 'close the loophole' that makes possession of rape pornography lawful in England and Wales. The campaign was successful, and an amendment to include rape in the definition of 'extreme pornography' was incorporated into the Criminal Justice and Courts Act 2015.