MacAskill says no to legalising BDSM acts

Published on Tuesday 31 March 2009 23:10

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.