![]() ![]() If serious injury or even death would be a likely result of a threat being carried out, then even the threat itself is considered punishable. ![]() In cases of threats to bodily well-being, the standard depends on the probability that an injury will actually occur. A light injury is considered generally permissible when the perceived victim has consented to it. Case law from the Austrian Supreme Court has consistently shown that bodily injury is only offensive to moral sensibilities (and thus punishable) when a "serious injury" (meaning a damage to health or an employment disability lasting more than 24 days) or the death of the "victim" results. §90 of the criminal code declares bodily injury (§§ 83, 84) or the endangerment of physical security (§89) to not be subject to penalty in cases in which the "victim" has consented and the injury or endangerment does not offend moral sensibilities. BDSM pornography is banned nationwide and any pornography containing BDSM is classified RC (refused classification) in Australia. In Australia, BDSM is illegal in the Northern Territory. Jovanovic and the British Operation Spanner demonstrate the degree to which difficult grey areas can pose a problem for the individuals and authorities involved, and the importance of knowing the legal status of the right of consent in the judicial statue of the country of resident for the practitioners of BDSM. Spectacular incidents like the US scandal of People v. In Austria the legal status is not clear, while in Switzerland some BDSM practices can be considered criminal. In Germany, Netherlands, Japan and Scandinavia, such behavior is legal in principle. Laws on BDSM Certain BDSM activities are considered illegal in some countries.Ĭriminalization of consensual BDSM practices is usually not with explicit reference to BDSM, but results from the fact that such behavior as spanking or cuffing someone could be considered a breach of personal rights, which in principle constitutes a criminal offense.
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