DiscoverSex and Psychology PodcastEpisode 319: The Bogus BDSM Legal Defense
Episode 319: The Bogus BDSM Legal Defense

Episode 319: The Bogus BDSM Legal Defense

Update: 2024-08-16
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Was it consensual kink or sexual abuse? This question is at the heart of a growing number of legal cases. Unfortunately, people sometimes try to claim consensual kink as a cover for sexual violence, a trend my guest today refers to as “the bogus BDSM defense.” In this show, we’re going to dive into a few recent cases where the bogus BDSM defense has been deployed, as well as the signs that can help us to distinguish between consensual kink and sexual violence.


I am joined once again by Andrea Zanin, author of the new book Post-Nonmonogamy and Beyond. They are also co-author of the new edition of the book More than Two. Andrea blogs at sexgeek.wordpress.com, and has authored a book chapter on the bogus BDSM defense.


Some of the topics we cover in this episode include:



  • What does the “bogus BDSM defense” look like?

  • Is this defense ever successful in terms of avoiding conviction or leading to a reduced sentence?

  • How does the bogus BDSM defense intersect with race and respectability politics?

  • How can we prevent people from using claims of consensual kink as a cover for sexual violence?


You can check out Andrea’s website to read more of their work.


Got a sex question? Send me a podcast voicemail to have it answered on a future episode at speakpipe.com/sexandpsychology.


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Thank you to our sponsors! 


The Kinsey Institute at Indiana University has been a trusted source for scientific knowledge and research on critical issues in sexuality, gender, and reproduction for over 75 years. Learn about more research and upcoming events at kinseyinstitute.org or look for them on social media @kinseyinstitute.


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Credits: Precision Podcasting (Podcast editing) and Shutterstock/Florian (Music). Image created with Canva; photos used with permission of guest.

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Episode 319: The Bogus BDSM Legal Defense

Episode 319: The Bogus BDSM Legal Defense

Dr. Justin Lehmiller