The United States District Court for the Eastern District of Virginia released its decision in the case of Doe v. George Mason University et al. and, for some reason, they felt compelled to weigh in on whether there is a constitutional right to engage in consensual BDSM sex. Their answer is, ‘no.’
In the case of Doe v. George Mason University et al., a George Mason student was expelled for allegedly having sex with a woman without her consent because he failed to stop their BDSM sex after his partner said the ‘safe word.’
The plaintiff alleged that the George Mason University administration “‘disregarded’ the BDSM context of the relationship and how it ‘affected matters like consent and related issues’ and treated a BDSM relationship as ‘per se sexual misconduct,’” and thus violated his right to engage in consensual sexual activity as well.
There is no question, forcing sex on an unwilling partner is rape and is reprehensible in any capacity. However, the court’s ruling went on to address consent as well.
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