UPDATE 2: Brenda Cossman, writing in the
Globe and Mail, points out that consenting to BDSM sex—at least in Canada—
is legally irrelevant:
On the one hand, this is the classic he said/she said of sexual assault. Consent is the dividing line between sex and sexual assault, and its presence or absence is often the linchpin of sexual assault prosecutions.... But, when it comes to BDSM—or at least its more intense versions—the law doesn’t actually care about consent. The Supreme Court has said that a person cannot consent to assault. While the cases have typically arisen in the context of bar room brawls or hockey violence, other courts have applied the same reasoning to the sexual context. So, if a sexual activity causes bodily harm, a person cannot consent to it.
This is pretty problematic from the perspective of the BDSM community. Carefully negotiated consent is rendered irrelevant, and effectively criminalizes all those who derive sexual pleasure from activities that involve physical pain, if it leaves a mark. But, it’s the law.
UPDATE 3: And Howard Levitt, writing in the Financial Post, says that employers
actually can fire you for your private, consensual sexual practices.