Balancing consent to BDSM and protection from the 'rough sex defence'
When:
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Venue:
Hybrid
Talk (hybrid delivery, in-person and online) for the Birkbeck Criminology Seminar Series
Content/ trigger warnings: discussions of BDSM intimacies, sexual violence, and intimate partner violence.
Abstract:
Whilst BDSM and Kink expressions of intimacy are not illegal per se in England and Wales, there have been consistent socio-legal efforts to marginalise, misrepresent and prosecute BDSM-associated individuals, communities and activities. These efforts have culminated in a blanket ban on consent to ‘harm’ for the purposes of sexual gratification (under the Domestic Abuse Act, 2021). This has presented issues for the BDSM communities; fell short of its rationale to tackle the ‘rough sex defence’; and has in fact raised further questions about the current understandings of ‘harm’, consent, bodily autonomy and freedom of expression in England and Wales.
This talk will explore socio-legal representation of BDSM, issues with the current legal position of BDSM in England and Wales, and the rationales for the proscription of BDSM-related intimate activities. This talk will continue, covering the current ability of the perpetrators of sexually motivated murders to employ the ‘rough sex defence’, and how the current conflation of BDSM with the ‘rough sex defence’ hinders the possibility of protecting against instances of intimate partner violence in this context. Based on the findings of Tahlia’s PhD research, which platforms the lived experience of BDSM-orientated individuals and communities, this talk presents recommendations on finding a balance between allowing individuals to exercise their bodily autonomy and freedom of expression in consenting to BDSM-related intimate behaviours whilst protecting the public from the ‘rough sex defence’.
As well as reporting on the current socio-legal landscape regarding the conflation of BDSM with intimate partner violence, this talk will also highlight the common goals of these seemingly diametrically opposed factions, offering pragmatic and tangible steps towards striking this balance effectively in both social and legal spheres.
Contact name: Sappho Xenakis
Speakers-
Dr Tahlia Virdee
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Dr Tahlia-Rose Virdee joined Birkbeck in 2025 as a Lecturer in Criminology. Her research examines social and legislative interventions regarding alternative sexual and intimate expression with a focus on Criminal Law, harm, consent, bodily autonomy and Freedom of Expression in England and Wales. Through her research and as a volunteer, Tahlia has worked with several pressure groups, charities and intersectional interest groups, including the Bishopsgate Institute, Stonewall and Backlash UK.Chair: Sarah Lamble, Professor of Criminology and Queer Theory, School of Social Sciences, Birkbeck
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