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MacAskill says no to legalising BDSM acts

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Published Date: 01 April 2009
By Joe Quinn
MSPs yesterday heard an appeal that adults who indulge in consensual bondage, sado-masochism and similar practices should be exonerated from the threat of prosecution.
Patrick Harvie, the Green MSP, told a Holyrood committee the present law was an "anomaly".

But he dropped a bid to change the law after Kenny MacAskill, the justice minister, and other MSPs said lifting the threat of prosecution could provide a loophole for those charged with domestic abuse and sex crimes.

Mr Harvie made his plea when the justice committee scrutinised the Sexual Offences (Scotland) Bill. If passed, the bill will radically overhaul existing law on rape and other sex crimes, and will redefine consent as "free agreement".

Under Mr Harvie's amendment, consensual acts between those over 16 carried out for "sexual gratification" would not be considered as assault if both participants agreed.

Mr Harvey's tabled the amendment to trigger debate and enable Mr MacAskill to explain why a change recommended by the Scottish Law Commission was not included.

Mr Harvie told MSPs the practices covered by his amendment were known as "BDSM activity", a term which includes bondage, sadism, masochism, dominance and submission.





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  • Last Updated: 31 March 2009 10:58 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
1

Hmm ...,

01/04/2009 00:11:23
... it often amazes me how broad is Harvie's knowledge about things that we would prefer not to have heard of.

But why is it all so unsavoury?
2

SouthernSkye,

Bonny Bonn 01/04/2009 07:45:07
What consenting adults do in their own time should not require any form of legislation for or against. It is no-one elses business. The law, as ever, is an @ss!
3

Mcsnagpile,

01/04/2009 07:51:36
I was looking forward to wearing my Mickey Mouse mask.
4

aljok.23,

the world 01/04/2009 09:18:37
ouch! thank you Mr MacAskill.
5

SandyBottoms,

Edinburgh 01/04/2009 09:28:06
Good on ya, Harvie! Shame MacAskill is such a prude.

But let's think about this for a minute. Rape convictions are really really low in cases that don't involve strangers. One reason for this is that the status of the consensual nature of the act is not clear. BDSM in contrast has very clear lines about consent: one safeword and bam, it's rape/abuse. So they don't want to legalise a clearly consensual act because it may interfere with non-consensual acts?

If we were talking about boxing, a consensual violent sport, we would not say it would reduce the number of convictions of assault and street fighting.

But because MacAskill is AFRAID OF SEX and thinks that anyone who has fun in bed is a pedo, BDSM is illegal.

Thanks, jackass.
6

H Callahan,

01/04/2009 10:11:00
The April Fools theme was still on my mind as I read this.

if it's an April Fool's then the humour is probably too subtle for The Scotsman.
7

AbandonAllHope,

01/04/2009 13:35:40
Be afraid of the SNP, very afraid. Populist, puritanical, totalitarian, parasitical, sub normal bunch of otherwise no hopers.
8

Billiam Wallace,

01/04/2009 14:08:02
I have to agree with Southern Skye here. If someone doesn't consent to being thrashed, then that is covered under common law as assault. All this Big Brother nanny state interference is only going to affect small minorties like Wufus, Smee, Tin can and Stan Butlins. Such useless, extraneous legislation should be dumped.

Saor Alba
9

SandyBottoms,

Edinburgh 01/04/2009 14:21:03
No-one has mentioned that the section appeared in earlier drafts of the bill under recommendation from the Scottish Law Commission. That's right, even lawyers think it's only have a little spanky spanky.

So basically, MacAskill is rejecting legal advice, civil rights advice, sexual freedom advice, and all other manners of groups saying "if it doesn't hurt anyone and they consent then it's okay".

WHY?!?!
10

Duncan in Edinburgh,

01/04/2009 15:12:56
#1 What a nasty piece of character assassination. What an unpleasant little person you must be.

The Scottish Law Commission proposed the exact thing that Patrick Harvie is proposing, because it is a sensible amendment to the law. The SNP chose not to implement that part of the SLC's proposals, and it was quite reasonable of Patrick Harvie to question that.

Shame on you for using his valid question as a means to attack his character.
11

IainGlasgow,

01/04/2009 16:14:21
Well without CCTV cameras in ther nation's bedrooms I'm not quite sure how this law would, even in theory, be enforced. That considered it may as well be legalised.
12

Alternative (High-Octane) Fuel Head,

Edinburgh 01/04/2009 16:31:54
In th emiddle of an economic crisis, with jobs being lost, banks going under, stupid labour increasing taxes etc etc is this REALLY all our MSPs have got to concern themselves with?

Pathetic. Sack the lot of them.
13

Duncan in Edinburgh,

01/04/2009 16:47:52
#14 The SLC proposals, and this resulting bill, are very significant steps forward in the treatment of sex offences in Scots law, which have taken years of development and clarify a huge range of regularly used laws, making it easier to prosecute offenders, and reducing the criminalisation of consenting acts. Of course it's important. Grow up.
14

mangrove jack,

queensland 01/04/2009 16:51:40
Thats it then; You can stick your bloody homecoming.
15

Alternative (High-Octane) Fuel Head,

Edinburgh 01/04/2009 17:15:31
#15:

Duncan,

This is an irrelevant waste of time. If you read the article then you will discover that they are not in fact going to make any changes to the law as it stands. Even idiot MacAskill thinks the status quo is OK, which is actually something of a bloody miracle.

The fact is that there are far more pessing and important issues to be dealt with than the legality or otherwise of the twisted sexual perversions of a tiny minority of people.
16

Brian Hill,

01/04/2009 17:28:32
#9 Abandon: "Be afraid of the SNP, very afraid. Populist, puritanical, totalitarian, parasitical, sub normal bunch of otherwise no hopers."

Difficult to argue with elements of this statement AAH. I am hoping that they are just being ultra careful not to give the London Controlled Labour Party a ballistic missile to fire off at them at every opportunity.

But just to make sure, we need to vote in a barrow load of Greens and Liberals after Independence.

In the meantime I'm sure the SMs and Bond*ge brigade will continue to practice their knots and hammering each others bits and bobs to the bedroom door.

17

Scimitar1,

01/04/2009 21:23:47
I'm convinced this Patrick Harvie person is completely off his rocker,and should be thrown in Carstairs or something.

In the broad scale of 'monbattery' this plonker scores 10+. Just imagine what this does to the reputation of Hollyrood.
18

Duncan in Edinburgh,

02/04/2009 10:15:29
#17 Trust me, I know far more about this than you do.

If you actually read the article yourself you will find the line "If passed, the bill will radically overhaul existing law on rape and other sex crimes, and will redefine consent as "free agreement"."


 

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