Written by: Tenja, a Swedish judge translation by: Profossgbg (Please be aware of that the translation is less formal and that some parts regarding Swedish law is not included.)
In Sweden, more or less all physical violence is criminalized. The person who is exercising violence towards another person run a risk of beeing judged of assault. However, if some pre-conditions is applied regarding consent from the person beeing exposed of the violence one can be discharged.
Within Swedish law
An act done with consent from whom it affected is a crime only if the act, regarding to its consequence, violation or danger it is causing, its purpose or other circumstances that makes it indefensible.
Not to break the law in connection with the use of violence there are two preconditions:
- Consent
- The deed must not be indefensible.
Consent
For a consent to be dischargeable there need to be a legal approved consent. The consent needs to be specific and regard the act as a hole. But it does not have to be in a specific form, it can even be mute.
For a legal consent to be approved, there are some criteria’s that must be filled. The person must be competent and able to understand the content and consequence of the act. The person giving the consent also needs to have full insight regarding risks and giving the consent willingly. Anything can at any time can be revoked from any part.
Indefensible deed
Apart from the need for consent, the deed must not be indefensible. This means that event with consent, a deed can be punishable in a court of law. This regards to the fact that the legislature believes that some acts should not be given consent to. But one cannot declare something definitive regarding when an act general but within Swedish law, anything that would be considered as aggravated assault can in Sweden not be given consent to.
Advice the dominant
Communicate
To avoid mistakes and not to risk crossing the line, as a dominant you should be scrupulous regarding what the submissive gives consent to at the occasion and what not. That a person talks about sexual fantasies is not a consent about that. Be aware of that consent must mean the whole act. To give consent regarding being slapped is not regarding being bound. There for it is vital before any session that you talk about what can be included and not. The court has in several cases declared that it was the defendant who were responsible for the spoken consent.
Be aware of that at any time a consent can be revoked. One may give consent to be slapped before the session but it can be revoked so it is vital that a submissive has the possibility to communicate this at any time. A safe word can be a good solution. If the submissive is unable to speak, it needs to have another way of communication by signals. If a signal is given, abort directly! If consent is missing and you as a dominant understands that, the act can be criminal.
Be sober
Do not have sessions under influence of alcohol or other drugs. For a consent to be legal as mentioned before it be given voluntarily and with complete knowledge of anything relevant.
Is the person given the consent drunk, the person might be seen as not being able to give a consent, the possibility of doing a criminal act is there by greater.
Be realistic
A consent cannot regard anything, some acts can simply not be defensible from a law point of view. Then, it is of no matter if consent is given or not, the deed is punishable.
Advice to the submissive
Communicate
Be clear regarding what you do want to be a part of and not. Remember the fact that even if you in the beginning of something given your consent, it does not mean that you have to go throe with it. At any given moment, you can redraw your consent. Always have a safe word or other signals that means that the act shall end instantly. In the cases regarding BDSM and assault, the question regarding what can be proved if the plaintiff denies that consent has been given been updated. The more clear the signals to stop are the better is the possibility of winning in a court of law if there is a question regarding the consent.
Be sober
Be on the safe side. Intoxication does not exclude that a consent has been given, provided the giver of the consent has understood what it regards. In an eventual trial it can be hard to show that one has not understood the meaning of the consent.