FORCES OF CONSENT
-
Published:2004
Susan R Schmeiser, 2004. "FORCES OF CONSENT", Studies in Law, Politics and Society
Download citation file:
Under Anglo-American law, the consent of the masochist furnishes no defense to a charge of assault arising from sadomasochistic sexual practices. Our unwillingness to recognize consent in this context suggests disquiet with the ways in which S/M reflects the operations of law. Although the case law casts the masochist as a victim, other accounts represent masochism as a forceful enactment of submission. Masochism also challenges certain ideals of masculinity central to legal reason. Misgivings about the legitimacy of consent to S/M find a useful analogy in critiques of psychoanalytic treatment that understand consent in that context as irreducibly fraught.
