Abstract of BDSM: My Apology

Morally problematic, socially divisive, and legally suspect: devotees of BDSM

[Bondage-Discipline, Domination-Submission, or Sadism-Masochism] are often treated
as the problem children of sexual ethics. This essay is my apology, or defense, for
BDSM, which I shall argue can satisfy criteria for mutually respectful erotic interaction
but also provokes legitimate ethical concerns within a diverse, complex world. I do not
presume to offer a comprehensive discussion of BDSM, to address every ethical issue
related to its practice, or to speak for the experience or position of every BDSM identity.
Several aspects of my intellectual, social, and personal backgroundincluding my
transcendental idealism, my feminism, and my BDSM orientationinform and motivate
my account.

Paper of BDSM: My Apology

Morally problematic, socially divisive, and legally suspect: devotees of BDSM
[Bondage-Discipline, Domination-Submission, or Sadism-Masochism] are often treated
as the problem children of sexual ethics. This essay is my apology, or defense, for
BDSM, which I shall argue can satisfy criteria for mutually respectful erotic interaction
but also provokes legitimate ethical concerns within a diverse, complex world. I do not
presume to offer a comprehensive discussion of BDSM, to address every ethical issue
related to its practice, or to speak for the experience or position of every BDSM identity.1
Several aspects of my intellectual, social, and personal backgroundincluding my
transcendental idealism, my feminism, and my BDSM orientationinform and motivate
my account.2
As a transcendental idealist, whose philosophy is influenced by J. G. Fichte, I
claim that mutually respectful erotic interactions provide a natural milieuwherein human
beings cultivate their ability for reciprocal influence by expressing desires guided by both
feeling and reasonthat facilitates social, and ultimately moral, consciousness. As a
socially and politically conscious woman, whose ethics is colored by the second and third
waves of feminism, I think that social and political justice entails advocating womens
efforts to determine, improve, and value their gendered existence, including their diverse,

In this essay, I presume the truth of various particulars about BDSM, which my individual experience,
other subjective reports, and empirical study support, but I am open to discussion and dispute of these
particulars insofar as BDSM has been mostly excluded from theoretical, empirical, and literary discourse.
The attached bibliography (which was distributed to participants in the Good Sex, Bad Sex conference)
includes some literature that has influenced (but not determined) my account and that offers a starting place
for readers interested in BDSM.
2
In this essay, I presuppose the legitimacy of my intellectual, ethical, and personal positions, but I am open
to discussion and dispute of these positions insofar as I am always in the process of developing and refining
my views. The attached bibliography includes some literature that underpins my perspectives on sexual
ethics as a philosopher, woman, and individual.

unique sexual experiences. As an individual, whose erotic identity is inseparable from

BDSM, I believe that BDSM activity is integral to my personal and human welfare.
Section One: Misconceptions and Conceptions of BDSM
I would like to offer a rudimentary conceptionand counter some basic
misconceptionsof BDSM. BDSM encompasses a multiplicity of erotic inclinations,
interests, and behaviors, which may include: corporal or behavioral restraints (e.g.
bondage and discipline); bodily or emotional control (e.g. domination and submission);
physical or mental pain (e.g. sadism and masochism). Erotic partners may engage in
topping [relatively giving, active] roles or in bottoming [relatively receiving, passive]
roles within particular erotic interactions.

These interactions may be fantastical,

theatrical, visual, or aural, or they may be concrete, actual, tactile, or corporeal, but in
either case, they elicit a gamut of diverse feelings that vary widely in intensity.
BDSM interactions do not typically entail males harming females, adults
molesting youngsters, or culturally central, socially powerful individuals exploiting
culturally marginal, socially powerless individuals. Participants are generally consenting
adults of similar cultural and social background. Tops and bottoms may be hetero-males,
hetero-females, gays, lesbians, bisexuals, or transsexuals. Tops are not usually socially
domineering, psychologically sadistic personalities and bottoms are not usually socially
submissive, psychologically masochistic personalities.

Outside of specific erotic

contexts, few BDSM participants enjoy inflicting or enduring restraint, control, or pain.
Relative to the range of actual sexual practice, participants rarely experience
extraordinary sexually-related emotional distress, psycho-social dysfunction, or ethical
conflict.

Section Two: Reciprocal Consent, Concern, and Desire

Reciprocal consent, concern, and desire are criteria for mutually respectful sexual
interaction, which BDSM can meet. Mutual respect requires that sexual partners give
explicit, or at least implicit, expression of their voluntary participation in a particular
interaction. Additionally, it demands that each exhibits concern for the others human
and personal interests within that interaction. Finally, it compels that both show erotic
desire for the other within that interaction.
Within a particular sexual interaction, reciprocal consent means that each partner
offers compelling evidence of their uncompromised, unforced choice to engage in those
activities with the other in a specific context. It is necessary for mutual respect because
without indication that both are willing participants, there is evidence for believing either
is an unwilling victim.

Reciprocal concern means that each partner demonstrates

adequate regard for the other as a whole person within that interaction and context. It is
essential because the partners sexualities are inseparable from their unique personalities
and overall humanity; and thus, without deference to each persons individual interests
and human needs within a sexual interaction, there is ground for thinking that interaction
would undermine one or the others welfare. Reciprocal desire means that both partners
express complementary erotic expectations and goals for their interaction and that both
promote the satisfaction of those expectations and goals within that interaction. It is
necessary because without attuned erotic aspirations, there is reason to suspect their
interaction would produce sensual or emotional displeasure at best and physical or
psychological suffering at worst.
There is no fail-safe, trouble-free method for obtaining reasonable, conscientious

belief that reciprocal consent, concern, and desire exist between sexual partners. People
are sometimes uncertain about their own volition, interests, and desires, so they can never
be certain about their partners. Esteem, affection, or even love between partners fails to
guarantee their mutually respectful interaction. There are only indicators, more or less
precise, and signs, more or less ambiguous, to guide sexual activities, which ultimately,
everyone must judge before the tribunal of their own conscience.

Despite these

difficulties, sexual partners are morally obliged to make a strong effort to properly solicit,
recognize, and interpret compelling evidence of analogous volitions, interests, and
desires. Moreover, certain precautions increase the probability of mutual respect. Prior
to sexual interaction, potential partners can test their compatibility by discussing desires
and interests. In the initial stages of interaction, partners can facilitate communication by
proceeding cautiously and inquisitively. Before, during, and after sex, each can monitor
the others behavior, encourage the others reactions and then, reflect diligently on their
observations.
It would be difficult for supporters of BDSM to show that any sexual interaction,
including a BDSM interaction, certainly or completely includes mutual respect. Would
opponents care to show that BDSM interactions certainly and completely preclude
mutual respect? Some BDSM partners and some non-BDSM partners adopt precautions
that increase the probability of mutual respect whereas other BDSM partners and other
non-BDSM partners forgo those precautions. It seems plausible that both BDSM and
non-BDSM interactions might involve mutual respect, and thus that some BDSM
interactions are morally acceptable, so I shall focus on some common ethical concerns
about BDSM.

Section Three: Inappropriate and Appropriate Concerns about BDSM

I want to dismiss some inappropriate ethical concernsand reveal some
appropriate ethical concernsassociated with BDSM. Although adherents argue BDSM
usually involves consensual erotic interactions, some outsiders regard it as coercive and
abusive for a top to inflict seemingly unpleasant, probably dangerous, or potentially
injurious actions on a bottom despite explicit protests and pleas for mercy. Had top and
bottom not previously negotiated the nature and limits of their interaction (including the
protests and pleas), it would be coercive and abusive; but usually they did, so most likely
it is not. Nonetheless, some detractors would complain that rational subjects can never
morally or legally consent to participate in unpleasant, dangerous, or injurious activities.1
Many of these concerns about consent are misguided and disturbingly
presumptuous or inconsistent. Some BDSM activities might seem disagreeable, but it is
presumptuous to deny participants perceptions simply because they have unusual
sensible tastes. Moreover, apparently rational people willingly (and morally) engage in
unpleasant activities, such as child-bearing, civil disobedience, and fasting or other body
mortifications. Some BDSM activities are risky, but most are not especially perilous or
harmful, and it is inconsistent to deny participants rationality simply because they make
different pragmatic judgments. Moreover, purportedly rational people voluntarily (and
legally) participate in dangerous or injurious activities, such as unprotected casual sex,
extreme sports, and optional surgeries or other body modifications.
There are some legitimate concerns about consent in BDSM particularly, and in
sex generally. Consent constitutes an indefinite, limited, and insufficient justification for
sexual interaction. It can always be compromised, and can never eliminate the obligation

of considering whether it ought to be given and thus, whether it ought to be accepted.

Consent implies preliminary permission for one partner to initiate a particular activity and
then, to continue or cease according to the others response. Nonetheless, preliminary
consent neither includes immediate permission to initiate any possible activity nor
precludes eventual withdrawal of permission to sustain any actual activity.

Erotic

partners must be attentive and responsive enough to address subtle signs of pleasure,
satiation, fear, or distress because initial delighted enthusiasm may become dismayed
reluctance or agonized loathing and thus, a consensual interaction may become
nonconsensual.
These reflections apply to any sexual activity that might compromise consent, but
they apply especially to certain BDSM activities. Without some proficiency, otherwise
pleasurable, safe activities can turn miserable and hazardous, so each participant must
comprehend techniques and risks. The contradictory messages, strained boundaries, and
impulsive assaults favored by some participants might be overplayed or misinterpreted.
Responsibly subtle, spontaneous interactions require some intimate familiarity between
partners. The psycho-physical intensity of some activities could impair a bottoms selfcontrol, judgment, or communication. When this occurs, a conscientious top assumes
responsibility for safely limiting the interaction. Since most BDSM participants are
aware of these issues, they tend to be punctilious about consent.

Nonetheless,

predetermined limits, contracts, scripts, and safe-words offer no immunity from error.
Although supporters claim BDSM interactions generally involve adults from
similar social classes and include representatives of diverse racial, cultural, and gendered
perspectives, some opponents fear that these interactions mimic, exalt, and thereby

reinforce, patterns of oppression. Some feminist critics believe that BDSM participants,
including gays and lesbians, eroticize misogyny, which they claim is the radical root of
all injustice. Clearly, some BDSM participants indulge in role-playing games, such as
mistress/servant, teacher/student, or guardian/child, wherein they imitate traditional
relationships of domination and submission.

Other common scenarios that fte

subjugation include possession [treating people like slaves or property], feminization

[treating men like women], dehumanization [treating people like pets or livestock], or
infantilization [treating adults like babies or children].

In these interactions, some

participants borrow racial, sexual, or cultural epithets as well as costumes, props, or

scripts that evoke objectionable mores and values.
Many concerns about BDSM buttressing oppression are inappropriate and fairly
nave or hypocritical.

Contrary to popular representations, BDSM need not entail

fantasy, theatre, or even domination and submission. If interactions sometimes imitate,

and possibly reinforce, the actual subordination of women, they sometimes initiate, and
possibly promote, the potential elevation of women.

Participants are as likely to

undermine as to support other oppressive patterns insofar as they often subvert

conventional models of power and authority. It remains unclear what the assertion that
the mechanisms of oppression are embedded within BDSM implies, because those
mechanisms are embedded within every social group, and possibly within every human
interaction, including the sexual. Is BDSM an erotically cathartic parody of ubiquitous
injustice or is ubiquitous injustice an erotically constipated parody of BDSM? In either
case, the questionable mores and values expressed by some BDSM participants might

simply reveal that many people are woefully conservative and unimaginative regardless
of their sexual orientations.
The marks of oppression cannot be erased from sexual or any other human
interactions, but they can often be redrawn within human interactions, including the
sexual. The human capacity for viciousness sours the sweetness and dulls the colors of
existence. This malignant power transforms quotidian pleasureswork, family, bodies,
affection, sexinto mordant, shaded tokens of shame and anguish.

Usually, this

perpetuates a cycle of cruelty, but occasionally, someone usurps the machines of tyranny,
reclaims the delights of existence, and amends the past on his or her own terms. Such
redemption is not achieved by eschewing the tainted aspects of life but by seizing them
and then, redefining them within a joyful context. BDSM can be an imaginative milieu
wherein new meanings are created.
There are appropriate concerns about the relation between socio-political
oppression and private erotic activities, including BDSM activities.

Individually

gratifying, intimate interactions have social and political implications. The interests of
upper class, white participants have been over-represented in many organized, communal
BDSM activities. Justice requires participants to consider how their personal relations
influence society and state, vulnerable individuals and groups, as well as impressionable
youths with BDSM orientations.

Nonetheless, the admonition to reflect on the

connection between the personal and the political applies to everyone regardless of their
sexual orientation.
Although nothing indicates BDSM is more hazardous than myriad occupations
and recreations, some doubters fear it is unduly dangerous. Indeed, some representatives

of medicine, law, and government believe the risk of harm to participants warrants
regulating or criminalizing BDSM. A common rationale for juridical control is the legal
difficulty

of

distinguishing

between

authentic

consensual

and

disingenuous

nonconsensual activities. Another justification appeals to the social need to preserve

public health and safety by investigating likely cases of abuse, negligence, or
incompetence.

The social and legal obligation to prevent indecent, obscene, and

offensive behavior has also been used as a validation.

These concerns about the social or legal rights (and responsibilities) of BDSM
participants are mistaken and alarmingly discriminatory.

Although practical legal

distinction between consent and non-consent always raises thorny problems in cases
involving private, informal agreements, possible compromised consent in private
relations does not become inevitable in sex generally, or in BDSM particularly. Many
fears that BDSM obfuscates legal consent derive from ignorance of sexual practices,
speculation about exceptional possibilities, or overreaction to sensationalized incidents
rather than from observation of mundane events.
Healthcare, social service, and law enforcement professionals should investigate
suspicious injury, psycho-social dysfunction, and other indications of abuse and
negligence or of mental and physical disability. Nonetheless, demeaning, censorious, or
punitive intrusions on the privacy of evidently consenting, competent sexual partners
promotes noncompliance, secrecy, and fear rather than medically safe, socially
responsible behavior.

Even relatively reckless, uninformed, or incompetent partners

would usually benefit more from a referral to a counselor, who is educated about
sexuality, than from a criminal report or charge.

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Competent adults are allowed to participate in sundry activities entailing physical

risks that range from mild to severe injury, minor to serious illness, temporary to
permanent disfigurement, and even to death. They are also permitted to pursue activities
that undermine their emotional or social welfare. Some harmful activities are censured
within the society or state, but it is inconsistent to prohibit BDSM activities that involve
physical, psychological, or social dangers commensurate with permitted occupational,
recreational, or sexual activities. Likewise, the legal conundrums that arise from private
consensual interactions resulting in manslaughter or suicide are hardly restricted to
BDSM-related crimes. Moreover, a just state has some limited obligation to prevent
unduly offensive (or otherwise obscene and indecent) public behavior, but it has no
unlimited authority to proscribe obscene and indecent (or otherwise offensive) private
behavior.
There are justified concerns about the physical and psychological dangers of
BDSM. Even light play can result in harm, but some heavy play involves risks of critical
or life-threatening injury. Intrinsically perilous activities include forceful insertion of
large objects in bodily orifices; many forms of electro-stimulation; most strangulation
and asphyxiation techniques; heavy or extensive beating, cutting, or burning; and some
bondage practices.

Psychological damage in BDSM should not be treated as less

common or significant than physical harm. Sexually inexperienced or confused, mentally

or emotionally fragile, and socially disadvantaged or impaired participants are especially
susceptible to injury within callous, unsupportive interactions.
Although any erotic activity involves risk, conscientious participants take
appropriate precautions against physical and psychological hazards.

Worse than

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erotically odious, ignorance is morally suspect, and recklessness, unconscionable, in

BDSM. The need for painstaking forethought increases with the inherent risks of the
activities and the particular vulnerabilities of the participants.

Sensible, considerate

interaction demands accessible information and candid discussion about safety issues
pertinent to BDSM. Most activities can be performed safely, but many dictate vigilance
and expertise, and some preclude sound, responsible practice.
Conclusion: BDSM in a Diverse, Complex, and Imperfect World
In conclusion, I would like to suggest some lingering ethical issues related to
BDSM. BDSM can be consistent with mutually respectful sexual interaction. It is
potentially liberating and respectful rather than essentially oppressive and denigrating. It
poses moral, socio-political, and legal problems that are mostly ordinary and soluble
rather than extraordinary and insoluble. BDSM participants tend toward reflective and
cautious behavior rather than thoughtless or reckless behavior. Nonetheless, BDSM
participants are diverse, complex, and imperfect individuals living in a diverse, complex,
and imperfect world.
Abusive relationships, coercive encounters, and sexist, racist, or other oppressive
attitudes exist among BDSM participants.

Many participants disagree about abuse,

coercion, and oppression. Some tolerate or overlook these problems. As a result, many
victims avoid seeking help because they feel ashamed and isolated or because they fear
condemnation and retaliation.

These difficulties increase when society generally

misconstrues BDSM as harmful and perverse or censures it as immoral and criminal.

BDSM participants should scrutinize their own interactions and relationships; educate

12

and support other participants; and promote comprehension and tolerance of sexual
diversity.
Although many healthcare professionals provide informed, sympathetic service,
some regard BDSM as a physically or mentally harmful practice that indicates either a
psycho-social disorder or an ethical deficiency. Anxiety about vilifying treatment, social
exposure, or legal repercussions discourages some BDSM participants from soliciting
medical consultation.

Inadequate medical counsel is especially problematic for

participants lacking access to the information and support provided by many BDSM
communities. Without knowledge of the pertinent health and safety issues, uninformed
BDSM participants and medical workers may engage in dicey, inept behavior. When
crises occur, participants may postpone urgent care or receive desultory treatment.
Adequate mental healthcare also eludes participants, who cannot be entirely
forthright or compliant if some psychiatrists, psychologists, or therapists still pressure
them to disown their sexual identities.

The tendency to conflate sexually-related

problems and sexual disorders impedes healthy recognition, acceptance, and development
of a BDSM orientation. Worry about insinuations of abuse and incompetence deters
some participants from receiving couple or family therapy.
Informed, insightful healthcare helps sustain physically safe, mentally sound, and
ethically responsible sexual practice. Members of the healthcare professions should
provide diligent, sound, and courteous care to clients regardless of their sexual
orientations. Most healthcare professionals realize that reproaching clients sexuality
compromises their welfare. Although many professionals have good intentions, some
need additional training about sexuality in general and BDSM in particular.

13

Social and legal censure shrouds BDSM in mysteries that hinder public
discussion, rational inquiry, and ethical reflection. Shame or fear dissuades many people
from talking about BDSM. Wrangles between more vociferous factions, or dialogues
within unique sexual communities, cannot substitute for open conversations incorporating
many different voices.

The dearth of public discussion perpetuates secrecy and

ignorance. Misinformation and obscurity impede intelligent investigation. Most research

focuses on exceptional individuals whose behavior runs them afoul of the law,
unfortunate personalities whose difficulties bring them to the attention of social and
health services, and privileged minorities whose activities are supported by BDSM
organizations or communities. Little is known about the diverse experiences of most
other people with BDSM orientations. The paucity of rational inquiry spawns moral
dogmatism and social chauvinism. Ethical reflection about BDSM cannot flourish within
an environment that scorns honest discussion, inquiry, and contemplation.
Yolanda Estes
Associate Professor, Philosophy and Religion, Mississippi State University
[email protected] or [email protected]

14

Bibliography
Baker, Robert and Frederick Elliston. Philosophy and Sex.
Estes, Yolanda.
Jaggar, Alison M. Living with Controversies: Controversies in Feminist Social Ethics.
Soble, Alan and Nicholas Power.

The Philosophy of Sex, edit. Plymouth, United

Kingdom: Rowman and Littlefield, 2008.

Weinberg, Thomas S. S & M: Studies in Dominance and Submission.

Spanner Case

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