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In reply to the discussion: Woman Who Spanked Her Children With Belt After She Caught Them Stealing Gets Arrested And Sets Off.. [View all]Major Nikon
(36,925 posts)Many states still have laws against consensual sodomy still on the books so it's still illegal in lots of places. But police rarely arrest and it's even more rare that prosecutors will prosecute, while Lawrence v. Texas assures convictions are virtually impossible. The same can be said of adultery and fornication laws.
Even my backwards ass state of Texas which created Lawrence v. Texas has a legal exception for consensual BDSM just like numerous other states. So the idea that it's illegal everywhere is demonstrably wrong.
My source is the Model Penal Code which some states have enacted entirely and all states use as a guide for changing laws and deciding whether or not to prosecute others. For at least the last 35 years it has been quite clear on the subject and provides a clear defense for consensual assault. Otherwise people doing tattoos and piercings would likewise be criminally prosecuted.
So what's your source that it is illegal and adults are being arrested for consensual ass beatings? I'm sure it does happen in rare instances, but just like before Lawrence v. Texas and sodomy, those cases are very few and far between because conviction is going to be nearly impossible.