The Instigator
FourTrouble
Pro (for)
Winning
14 Points
The Contender
DebateandSuch
Con (against)
Losing
0 Points

BDSM should be legal.

Do you like this debate?NoYes+2
Add this debate to Google Add this debate to Delicious Add this debate to FaceBook Add this debate to Digg  
Post Voting Period
The voting period for this debate has ended.
after 2 votes the winner is...
FourTrouble
Voting Style: Open Point System: Select Winner
Started: 5/31/2015 Category: Society
Updated: 2 years ago Status: Post Voting Period
Viewed: 1,209 times Debate No: 75978
Debate Rounds (4)
Comments (4)
Votes (2)

 

FourTrouble

Pro

BDSM refers to consensual sexual interactions involving bondage/discipline, domination/submission, or sadism/masochism.

First round is acceptance only. The burden of proof is shared.
DebateandSuch

Con

"Consent" isn't a very easy thing to prove. How many rapists claim to have had consent from their victims? How many drunks woke up the next day regretted having sex and claimed not to have consented? This just makes the already murky waters around rape conviction and punishment even more murky.
Debate Round No. 1
FourTrouble

Pro

== Framework ==

Pleasure is a basic good; it's valuable in and of itself. People value pleasure for its own sake even if they can"t demonstrate its value empirically. Some philosophers even argue that pleasure is the *only* thing that has intrinsic value. [1] Sexual pleasure isn"t less valuable than other types of pleasure. The law shouldn"t curtail pleasurable activities unless the activity causes a serious harm. The calculation should weigh the severity of the harm, the likelihood of the harm, and the cost of prohibiting the activity. The value of the pleasure itself enters this calculation as part of the costs of prohibiting the activity.

== Argument ==

The purpose of BDSM is to cause intense sexual pleasure. Violence is employed as a means to achieve that sexual pleasure. There's no doubt that people experience great sexual pleasure from consensual BDSM. Thus, BDSM should be legal unless it causes a serious harm that outweighs its value. I argue that safe and consensual BDSM practices don't cause a serious enough harm to merit a criminal prohibition. My opponent has the burden to prove such a harm exists.

== Rape ==

My opponent raises concerns about rape. The argument seems to be that individuals who sexually assault their partner may argue that the rape was consented to as part of a BDSM relationship. However, in the context of BDSM, proof of consent isn't actually that difficult to prove. The BDSM community has extensive norms about what's safe and acceptable, including extensive discussion about the acts beforehand as well as ensuring there's a safe word. BDSM should be legal when it's done in what in a safe and acceptable way, as determined by the BDSM community. If there's no safe word, and if the practices weren't discussed beforehand, then BDSM isn't a defense to a rape charge. In terms of proof, parties could provide testimony not only about safe words and discussions prior to the acts, but they could also provide testimony about of the limitations they negotiated. Testimony about how consent was conveyed would play a crucial role. The point is that BDSM should be legal when done in a safe and consensual way. Requiring such proof of consensual BDSM in the context of a rape charge isn't a problem, since the BDSM community already encourages the production of such proof, via safe words, and the necessity for discussions about the acts beforehand.
DebateandSuch

Con

DebateandSuch forfeited this round.
Debate Round No. 2
FourTrouble

Pro

Extend arguments.
DebateandSuch

Con

DebateandSuch forfeited this round.
Debate Round No. 3
DebateandSuch

Con

DebateandSuch forfeited this round.
Debate Round No. 4
4 comments have been posted on this debate. Showing 1 through 4 records.
Posted by YYW 2 years ago
YYW
I'm really unhappy to see that this is prob going to be an FF.

FT, you should do this again with someone else...
Posted by DebateandSuch 2 years ago
DebateandSuch
Sorry wrong round
Posted by bsh1 2 years ago
bsh1
I second the excellence of this debate. I will follow it with interest ;)
Posted by YYW 2 years ago
YYW
This is excellent.
2 votes have been placed for this debate. Showing 1 through 2 records.
Vote Placed by FlatEarthSociety 2 years ago
FlatEarthSociety
FourTroubleDebateandSuch
Who won the debate:Vote Checkmark-
Reasons for voting decision: FF
Vote Placed by TheJuniorVarsityNovice 2 years ago
TheJuniorVarsityNovice
FourTroubleDebateandSuch
Who won the debate:Vote Checkmark-
Reasons for voting decision: lol, easy ff