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 and parts of Australia some BDSM practices can be considered criminal.[1]
Spectacular incidents like the US scandal of People v. Jovanovic and the British Operation Spanner demonstrate the degree to which difficult grey areas can pose a problem for the individuals and authorities involved, and the importance of knowing the legal status of the right of consent in the judicial statue of the country of resident for the practitioners of BDSM.
- ^ Kleinplatz, Peggy J.; Moser, Charles (2014). Sadomasochism: Powerful Pleasures. Routledge. p. 229. ISBN 978-1317765974.