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       Geplaatst door CENOBITE Geplaatst October 26, 2010 Laat reacties zien 0      
BDSM/Fetish and the law (in the Netherlands)
The law regarding BDSM activities in Europe in general en specifically the Netherlands seems fairly liberal compared to the US legislation. Two cases of the European Court for Human Rights have defined (within criminal law) the boundaries of BDSM play; Laskey (February 19th 1997) and Aurousseau (February 17th 2005), also known as the SM judge. The right of sexual freedom is recognized but limited by the (healthcare) interests of  Sub, the harshness of the violence and the possibility for the Sub to stop the play at any moment; self-determination is the key. You must know that in the SM Judge case the Sub and the Doms were heavily under the influence of alcohol so it was questionable if the Sub was able to express her will properly and if the Doms could react timely and appropriately. A clear indication that (any) drugs and BDSM don’t go well together. That said; conventional BDSM play, even if it is a bit extreme, almost never leads to (criminal) legal trouble in the Netherlands. 

More problems result from administrative legislation regarding public policy. In every municipality there is an ordinance that demands a permission for activities that qualify as prostitution (yes, it’s legal here), sex related theater shows and swingers clubs. In most cases Government officials don’t have BDSM parties and events clearly in their vision so most of those activities take place on a “don’t ask don’t tell” basis. As a recent court case (BB party/ municipality Zaanstad) shows the things that go on during a party run the risk of being qualified as required to have an official permission creating to possibility for the local Government to set conditions or to interdict such an event. 

In this case the ban on the party was based on the fact that during the previous party a couple of ladies had their breast exposed, some bondage was performed and the fact that a few of the visitors of the party showed themselves in fetish gear outside the building were the party was held. Fortunately the ban was lifted by the District Court of Haarlem thanks to a petition filed by yours truly aka the kinky lawyer. And yes we had a nice party with a lot of (yummy) exposed breasts. But in general terms the problem remains; if a malevolent overseer assesses what goes on in for instance a dark or play room (more or less what goes on in a swingers club) or on stage during BDSM or fetish shows with actual penetration (yes also with a finger, toy or a hand) the outcome could be different. 

That’s why some BDSM and fetish parties and events take place in swingers clubs (they have the necessary permits) and venues that are in a kind of legal limbo like the Northsea venue/Hemkade, the crime scene for Wasteland party (they amaze me every year; I never knew something so big could fit in something so small ;-) next one November 13th. But it is a shame that a lot of interesting and beautiful locations are excluded from hosting BDSM and fetish parties and activities. And that a lot of events can’t be frank, even in liberal Dutch society, about what actually goes on ……..  But on a global scale we can’t complain; a lot of interesting things are going on and we’re gonna explore them all J


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