1

I was reading the answers to a questions I posted earlier, and I realized that my own question's assertion that BDSM activity "produces a sizeable risk" to the person doing the "S" part, is based only on "common sense" as well as "stuff I was told by others".

This assessment seems rather unsatisfactory. Risks ought to be quantified. As such, my question is,

How many people are (a) charged and (b) convicted, for actions that are integral part of their BDSM activities?

Not sure if such statistics is available for any jurisdiction, or any sort of research, but I was hoping maybe some interest groups published something on the topic.

I'll accept answers in any jurisdiction due to expected rarity of any info in most.

19
  • 2
    There are no good statistics on this issue. Statistics on criminal cases charged and on criminal convictions are not maintained with this level of detail. Media reports would be very incomplete underestimates. There might be some BDSM community oriented source that compiles anecdotal evidence, but I doubt it. Even establishing a meaningful upper or lower bound is very hard because there are lots of offenses that could be charged. For example, looking at assault, false imprisonment, or sexual assault cases involving non-strangers would be wildly too high.
    – ohwilleke
    Jan 31, 2023 at 17:08
  • 2
    As said getting statistics on total folks tried or convicted is hard. Would you instead accepted a few examples of cases where BDSM related case happened and the verdict? IE. no promise that the cases are 100% representative; since that's going to be nearly impossible to provide, but instead an indication of existing precedent which would inform future cases?
    – dsollen
    Jan 31, 2023 at 21:11
  • 4
    Also, to be clear, it is a legitimate question that is on topic in this forum. It is simply one that doesn't have a good answer. It's the sort of project that a professor writing an academic journal article with two or three research assistants might spend a year or two trying to answer, possibly hiring a specialty (which means extra expensive) private survey research firm to try to estimate by surveying members of the BDSM community about their experiences with the criminal justice system, or by a deep dive into news databases like Lexis/Nexis that might take a thousand person hours of work.
    – ohwilleke
    Jan 31, 2023 at 23:00
  • 2
    @DVK the main problem with access is: a) most cases don't get litigated but end in plea bargains or settled out of court. 90%-95% in the US end there. b) cases of this kind can end filed under seal simply because they are highly private in nature. c) due to b, the number of cases litigated is even smaller (see a)
    – Trish
    Feb 1, 2023 at 1:59
  • 2
    @DVK I understand your desire for statistical sampling, but I just don't think you will get it. My suggestion is more then just anecdotical evidence as it sets precedent though, a precedent that can be argued to strongly impact what will happen in future cases. I would say though that I doubt many S&M encounters ever end up in court. Short of an M getting malicious, an S way overstepping consent and SSC/RACK, or accidental extreme injury no one is going to report consensual S&M and prosecutor is unlikely to persue it. Most S&M 'cases' probably don't get past prosecutorial discretion.
    – dsollen
    Feb 1, 2023 at 15:26

0

You must log in to answer this question.

Browse other questions tagged .