SPANKING CONSENT
SPANKOZ AUSTRALIA is the top site on most internet search engine lists for the terms " Adult Spanking Advice " , really the correct terms should be : " Consensual Adult Spanking Advice " . But since few have heard of the word " consensual " , we left it out of our site description .
This page deals with how consent for a spanking is given and is not a legal reference . We do not give legal advice and the law seems to make an ass of itself in this area , in different ways , in different jurisdictions .
First , a few words on the other terms , " Adult " means that nothing on this site should be taken to relate to anyone other than someone that has attained the age of 18 or 21 etc , has full contractual capacity etc. under their local laws . Children are excluded unless expressly included .
" Spanking " is as defined on the TERMINOLOGY Page . It excludes striking any area other than the buttocks .
" Advice " is just that , again we do not claim to be Professionals , Counselors etc. , but we do have considerable experience on the area of adult spanking . Always remember the Free Advice is worth what you pay for it !
" Consensual " means that two or more adults have freely agreed to engage in reasonable spanking activity . Of course , even this is now in doubt after the so called Spanner Case ( R v Brown & Others HoL [1991] ) . By " reasonable " we mean , taking into account all of the circumstances , that the activity is not excessive . ( A six foot male beating a much smaller " inexperienced " female with a cane with any force is excessive . ) Breaking the skin may be a crime which may not be consented to . Someone under the effects of alcohol or other drugs may have diminished or no capacity to consent to participate in spanking activity . A parallel is suicide , where committing suicide is not a crime , but helping a person to commit suicide is a crime . ( Presumably , the prosecution of the dead presented too much of a problem ! )
( We purposely do not raise the issue of the making public of knowledge of a " spanking " . Rarely ( Thank God ! ) do we have a DONOVAN like situation , with a person walking into a police station to report that she has been caned . But concealing a crime may be an offence ( see : Misprision of Felony etc. ) . )
Consent implies that participants fully understand what they are agreeing to and they have an obligation to ensure that everyone involved has the same understanding . The more " experienced " a participant is , the more they are obliged in this area .
Consent may be withdrawn at any time , by any or all participants , see SPANKING SAFEWORDS and SPANKING SAFETY . ) It is the responsibility of the person being spanked to make certain that the spanker(s) fully understand this condition . It is incumbent on the participants to ensure that the person being spanked is not under undo physical stress during the course of the spanking .
All of the above requirements are fairly easy to understand , although the matter of what was said at the time may be hard to establish later . Now we come the matter of what is called " constructive consent " , where participants may , by their actions imply consent . The sexual seduction of a person is an example of " constructive consent " where the person being seduced makes no attempt to stop , and assists with ( say verbally or by making small movements ) , the seduction . Applying this form of consent to adult spanking is problematical . A person being enticed over a lap could be regarded as " constructively consenting " to being lightly held in that position , and then consenting to an open hand being placed upon their bottom , followed by a pat , followed by a light slap , followed by a smack etc . If a person has been told that they are going to be spanked , and they assist by getting into a suitable spanking position , they could be regarded as having consented to a reasonable spanking , depending on their further actions .
There is no consent present when a person is grabbed and held down to have their bottom thrashed with a hairbrush . ( That is unless all of these actions have been agreed to before or the person is your spouse ! ) This type of consent is a " general consent " to being spanked . In other words , the participants understand that a general type of spanking is to take place and the precise execution of the spanking is left up to the participants .
Needless to say , our and other SPANKING PLANS are generally not worth the paper they are written on .
All of the above may be a little confusing at first but it is basically common sense ( except where the law is involved ) , it is an application of the Golden Rule , " Do unto others as you would have done unto you ." .
LEGAL REFERENCES :
LAW
( Some references from various jurisdictions . )
IS
BDSM ILLEGAL ?
( English )
( Rv Donovan KB [1932]. In the early 1930's a man called Donovan caned a seventeen year old girl at her request. She then reported him to the police for ... )
R
v Brown and other appeals [1993] 2ER 75
( PDF ) View
as HTML
( English )
What
occasions actual bodily harm ?
( Australian )
