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But the legislation does not prescribe the nature of violent activities or whether inflicting pain in the name of sexual pleasure is permissible. Thalia Anthony does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Cases are often brought to the attention of authorities when something goes wrong or evidence emerges during an investigation for another crime such as video tapes found during a drug investigation.

It also regarded the availability of code words that the participants could pronounce to discontinue the act as insufficient evidence of ongoing consent. This may include acts involving cutting, scarring, whipping or caning.

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Edition: Available editions United Kingdom. Christian Grey knows exactly his hard limits in sadomasochism and he may also know a thing or two about his legal limits. For Ana, however, it is the soft more negotiable limits inflicted in the punishment process that terrify and upset her they most.

Apart from courts relying on morality and colonial jurisdiction to set limits for lawful bodily harm, there is a spectrum of permissible harms in the context of consensual force at least as far as BDSM and Indigenous law is concerned that does not extend to wounding or serious harm. The law may differ in other settings, such as permitting wounding in a tattoo parlour or through an elective caesarean. The Northern Territory Supreme Court in the bail case of Re Anthony held that it could not condone the offender being let into the community to allegedly have Elders in the Tanami Desert community of Lajamanu spear him in the leg and hit him with nulla nullas.

Ana is reluctant to offer her consent to the acts of punishment. Thalia AnthonyUniversity of Technology Sydney.

There is a lack of legal precedent on whether public policy would grant heterosexual couples with greater latitude to exact consensual sadomasochistic harm. In principle, if the participant suffering the harm consents to the violence, this would legalise what would otherwise be deemed assault.

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But the law has been less accommodating with similar acts and similar levels of harm in different contexts. The offence of wounding or grievous bodily harm with intent — which includes where there is permanent disfiguration or serious harm — attracts a maximum sentence 25 years imprisonment.

In the case of R v Brownthe House of Law found that consensual sadomasochistic activities involving a group of gay men was illegal. The layers of coercion, consent, pleasure and pain are as complex as the acronym itself and defined by the participants themselves. See also: Violence dressed up as erotica: Fifty Shades of Grey and abuse. In R v Brown, where the House of Lords considered the legality of harm in gay sadomasochistic acts, it prohibited genital torture, violence including beating to the buttocks, anus, penis, testicles and nipples, branding, bloodletting and wounding with instruments.

Consent also legalises bodily harm arising in the normal course of surgery, contact sports, ritual circumcision, tattooing and ear piercing. Plymouth Contemporary — Plymouth, Devon. There are, it seems, at least 50 shades of grey when it comes to the application of the laws relating to consensual bodily harm.

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The law is a bit confounded too. For criminal lawyers, for humans in general, the hard limits described above may look a little bit like assault.

Fifty Shades of Grey opens up a minefield on the issues at play in consensual acts of violence and their legal status in and out of the pleasuredome. Demarcations of acceptable harm, beyond which would constitute serious assault, appear to hinge on the participants. The parameters are rarely tested, given that consenting and willing participants are hardly going to complain to police and press charges.

Courts have condemned consensual acts of gay sadomasochism or Indigenous law punishment. The cinematic of this fiction — released this past weekend — illustrates some of the problematic demarcations in the law of assault in the real world.

The majority described these acts as uncivilised, involving the indulgence of cruelty by sadists and humiliating and degrading activities such as defecation.

The law on consensual violence is cobbled together from a small pool of legal cases. This case was brought to the House of Lords to determine whether proof of wounds or harmful assaults in the course of sadomasochism required the prosecution to prove a lack of consent.