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Τι επιτρέπετε και τι όχι στις άλλες χώρες όσον αφορά το BDSM

Συζήτηση στο φόρουμ 'BDSM & Νόμος' που ξεκίνησε από το μέλος latexduck, στις 3 Μαρτίου 2008.

  1. latexduck

    latexduck Contributor

    Ένα πολύ ενδιαφέρον άρθρο που βρήκα σχετικά με την ανταλλαγή ερωτικής δύναμης όσον αφορά άλλες χώρες, πόσο αποδεκτά είναι και τι λένε οι νόμοι τους σχετικά με αυτό. Προς το παρόν αυτές υπάρχουν, λίγη υπομονή και θα βρω και για άλλες.  


     

    Belgium

    General situation
    All erotic power exchange activities are illegal in Belgium. That does not mean nothing is happening, but there is always the risk. Especially submissives should be careful, since the law considers the submissive to be the one to seduce dominants into illegal action. Although there are hardly any known cases, the law opens the possibility for both fines and jail sentences. Transportation of toys and gear is illegal and may lead to confiscation of the toys, fines and even jail.

    Attitude by the authorities
    Like everything else in Belgium the attitude of the authorities is very different from area to area. Since Belgium is a federation there are differences in attitude between the Dutch (northern) and French (southern) speaking parts. In general the south is more conservative. Especially sex boutiques are frequently raided.

    Custody and divorce
    Erotic power exchange activities may be brought up as both a reason for divorce as well as an argument in custody cases.

    Regional differences
    In major cities, like Bruxelles and Antwerp, the attitude towards erotic power exchange is somewhat more tolerant, although it is not considered wise to to be too explicit in public. In the country, public activities may get you into trouble.

    Travel advice
    If you a traveling to Belgium, the general advice is not to bring any toys or gear with you when arriving directly by plane as well as to be careful about who to contact. Reliable information can be found "Secret Magazine" (French/English), available in sex boutiques.

     


    Denmark


    General situation
    All consentual voluntary sexual activities between adults are considered legal.

    Attitude by the authorities
    The authorities in general will be reasonably open minded, since things are not illegal.

    Custody and divorce
    Erotic power exchange activities in principle are neither grounds for divorce, nor custody regulations. However, there is growing pressure from feminists groups in all of Scandinavia against erotic power exchange on the ground that is leads to abuse.

    Regional differences
    Denmark is a country with not many big cities and a large countryside. Reasonable public activities (such as not too explicit outfits) will not be a problem in the big cities.

    Travel advice
    If you are traveling to Scandinavia, it is unlikely you will get into trouble if you bring toys and gear, as long as you do not make the obvious mistakes that will attract attention from a security point of view. Denmark - like all Scandinavian countries - has an excellent organization (Smil). You will find their local bulletins with current addresses to contact in sex boutiques.

     

    Germany

    General situation
    Germany is a federation. The situation may vary per "state" (Bundesland). In general, erotic power exchange is not illegal in Germany, as long as it is safe sane and consentual and "not in conflict with good manners". That last bit is the difficult one, because it technically opens up the possibility for authorities to intervene on virtually any ground. So far, there are no national convictions on such grounds, however, in different states authorities may use this article to prevent parties or gatherings from being organized. A fetish party is usually not really a problem - although do expect rather intense police interest on the parking - as long as no active activity is going on.

    Attitude by the authorities
    Depending on where you are, authorities can be a very serious problem, especially in the southern area (Bavaria) and their attitude can be hostile. There are cases known where severe fines (up to 20.000 DM - some $17,000) for just possessing pictures and videos. Gear, toys, pictures, videos and even art may be seized. Here again the situation is somewhat confusing. It is not illegal to pocess pornography (erotic power exchange material is considered pornography) provided it has no connections to child pornography or bestiality, as long as this is not in quantities that would indicate you are actively selling pornography, which is illegal. Sending pornographic material via post (snailmail) is also illegal and you may not posess any pornography or so called "indexed" material if you are under 18. All De Sade books, L'Histore d'O and such are "indexed" (indexed means considered to have a dangerous or negative influence on children).

    Custody and divorce
    Erotic power exchange activities can and will be used in custody and divorce cases, especially in the more conservative southern areas and former East Germany. It is however unlikely any such claims will stand in court, provided things are safe, sane and consentual and within reason (i.e. "not in conflict with good manners").

    Regional differences
    Apart from some big cities like Hamburg and Berlin it is usually not advisable to be all too "public" about your power exchange activities. Some erotic power exchange organisations have difficulty to operate, again especially in the southern area.

    Travel advice
    The best advice when traveling to Germany is to leave your toys, gear, and especially magazines, videos and other stuff at home. Germany has several reliable organizations. Your best bet is to try and obtain a copy of the German magazine "Schlagzeilen" (available at sex boutiques) for current information on activities and organizations. Because of the postal legislation there is an advice not to bring your German friends in trouble and send them videos or magazines through the mail or, if you do remove all leaflets and stickers and send them in a blanc box or a fake box.

     

    The Netherlands

    General situation
    All consentual sexual activities between members of the same as well as the opposite sex - provided both partners are over 16 years of age and no mental and/or physical force has been applied is considered legal. There is a gray area in the event an adult has sex with a child between 12 and 16. This is not considered illegal unless the child or its parents/caretakers file a complaint and the age difference is deemed "considerable". There are no specific guidelines as to what is considered to be a "considerable age difference". This may vary from case to case. Couples of the same sex that live together in a serious relationship in general have the same rights as heterosexual couples but can not (yet) marry. Buying, possessing and transporting gear, books, magazines, toys, videos, art, photography, pornography, CD's as well as visiting commercial clubs, parties and private persons is legal, provided no minors are or have been involved.

    Attitude by the authorities
    Authorities (such as the police) in general will only respond to complaints and will not take action on their own initiative, unless they suspect illegal activities. In general policemen and other authorities will have at least had some basic information in the area of erotic power exchange during their training.

    Custody and divorce
    Divorce legislation in The Netherlands does not involve any "guilt" questions or issues. As far as can be established erotic power exchange activities as such never have been accepted as a ground for custody restrictions.

    Regional differences
    What is tolerated in major cities, like Amsterdam, may not necessarily be tolerated in smaller towns, especially as far as public appearance is concerned (outfits, etc.). Be aware that especially small towns in the country may be very religious and there will be an erotic power exchange unfriendly attitude (even though there is very little that can be done officially.

    Travel advice
    Bringing toys, gear, videos, magazines and other explicit material to The Netherlands is not a problem. Holland has several different - although small - erotic power exchange organizations. You will find their magazines in sex boutiques and sometimes even in regular bookshops and magazine stands. Holland has several high standard clubs.

     

    Norway


    General situation
    All consentual voluntary sexual activities between adults are considered legal.

    Attitude by the authorities
    The authorities in general will be reasonably open minded, since things are not illegal.

    Custody and divorce
    Erotic power exchange activities in principle are neither ground for divorce, nor custody regulations. However, there is growing pressure from feminists groups in all of Scandinavia against erotic power exchange on the ground that is leads to abuse.

    Regional differences
    The southern part of Norway is much different from the more northern parts and the Westcoast area and islands, where you will usually find very closed communities. What may be acceptable in Southern parts (such as wearing outfits) will not be acceptable in other areas.

    Travel advice
    If you are traveling to Scandinavia, it is unlikely you will get into trouble if you bring toys and gear, as long as you do not make the obvious mistakes that will attract attention from a security point of view. Denmark - like all Scandinavian countries - has an excellent organization (Smil). You will find their local bulletins with current addresses to contact in sex boutiques.

     

    Sweden

    General situation
    All consentual voluntary sexual activities between adults are considered legal.

    Attitude by the authorities
    The authorities in general will be reasonably open minded, since things are not illegal.

    Custody and divorce
    Erotic power exchange activities in principle are neither ground for divorce, nor custody regulations. However, there is growing pressure from feminists groups in all of Scandinavia against erotic power exchange on the ground that is leads to abuse.

    Regional differences
    The southern part of Sweden is much different from the more northern parts, where you will usually find very closed communities. What may be acceptable in Southern parts (such as wearing outfits) will not be acceptable in the more northern areas.

    Travel advice
    If you are traveling to Scandinavia, it is unlikely you will get into trouble if you bring toys and gear, as long as you do not make the obvious mistakes that will attract attention from a security point of view. Sweden - like all Scandinavian countries - has an excellent organization (Smil). You will find their local bulletins with current addresses to contact in sex boutiques.

     

    United Kingdom

    General situation
    Sex legislation in the United Kingdom is extremely rigid, outdated and discriminatory. Erotic power exchange is totally illegal and may lead to very serious sentences, as much as up to four years imprisonment.

    Attitude by the authorities
    The authorities - especially police and magistrates - will be hostile, uninformed and usually unfriendly towards erotic power exchange.

    Custody and divorce
    Erotic power exchange activities can and will be used in divorce and custody cases and may very well lead to very unpleasant situations.

    Regional differences
    Apart from London, where you will find some shops in Soho, the entire United Kingdom is a country to be careful about your erotic power exchange activities. Even in London things will sometimes be difficult. Organizing and attending parties especially can get you into major trouble.

    Travel advice
    Do not bring toys, gear, pictures, videos or other explicit material when you are planning to visit the UK. Reliable information about activities in the UK and addresses of organizations can be found in the magazine "Skin Two", available in sex boutiques.
     
    Last edited: 3 Μαρτίου 2008
  2. latexduck

    latexduck Contributor

    South America

    General situation
    All erotic power exchange activities are illegal in all South American countries. In the highlands (Sierra) it is all to common to have almost ritual beatings of women as part of the love relationship but, on the least complaint of anybody else (usually a "Social Assistant" from the Capital), the man will be quickly imprisioned. Additionally, all sexual activities that are not viewed as "traditional" and completely hidden behind closed doors, are illegal and will produce not only in fines, but in imprisionment.
    Transportation and possesion of toys and gear is considered illegal and will undoubtedly lead to confiscation of the toys, severe fines and even jail.

    Attitude by the authorities
    On one hand, you may find sexual materials in novelty stores and even in kiosks and vendors on the street. On the other, all of this is officially illegal, so raids are made periodically (especially when elections approach or someone from the Catholic Archbishopric starts to complain).
    Additionally, the authorities will make raids not only on sex boutiques and video distributors, but also on movies (to check "if someone is doing obscene things in the dark") and will even break into private clubs and homes if they suspect there is any kind of unauthorized "scene" going on (erotic power exchange rates high on their list). In general, everything goes as long as you don't get caught or the Government needs a "Moralization Campaign".

    Custody and divorce
    Erotic power exchange activities will be brought up as both a reason for divorce as well as an argument in custody cases. Additionally, this can be used against both parents, sending them to prison on "minors perversion" charges (for "setting a bad example for them"). In this case, the parents can face five to fifteen years imprisionment, while their children will be sent to orphanages and systematically brainwashed until they are (quote from a case) "quite capable of rejecting their parents' sickening behaviour".

    Regional differences
    In major cities, the attitude towards erotic power exchange is much less tolerant, although it is easier to get toys and gear. In the country, people tend to be much more friendly and not to get into anybody else's live (although they may gossip a lot, especially in small towns).

    Travel advice
    If you are traveling to South America, the general advice is not to bring any toys or gear, much less any material that can be classified as "pornographic", for you may end up arrested. People will also be very careful and mistrustful if you approach them for power exchange, and you will probably be rejected (the rejection ranging from just being shunned to being directly kicked out) unless you know the person you are talking to and have already developed a solid degree of trust beforehand.

    There is nowhere to go for reliable advice, as any agency you might approach for legal counseling will immediately kick you out or even report you to the local authorities as a "dangerous maniac".

     

    Australia

    General situation
    As in all memberstates of the Commonwealth the situation in Australia comes close to the situation in the UK. In other words, sexual legislation, in general, is rigid and erotic power exchange is considered illegal and may even lead to imprisonment. Foreigners will usually be expelled from the country quickly.

    Attitude by the authorities
    In the big cities the police - like in every other big ciy - will have a somewhat metropolitan attitude, in other words will allow more. The attitude, however, in the smaller villages is quite different.

    Custody and divorce
    Erotic power exchange activities will be brought up as both a reason for divorce as well as an argument in custody cases.

    Regional differences
    In major cities the attitude towards erotic power exchange will be more tolerant, and you may even find a boutique here and there.

    Travel advice
    It is not advisable to bring any toys, gear and magazines when traveling to Australia. Please remember that even magazines - that are considered relatively harmless else where - may be considered pornographic and get you into trouble.

     

    New Zealand


    General situation
    The situation in New Zealand is almost the same as in Australia, meaning that erotic power exchange, in principle, is considered illegal.

    Attitude by the authorities
    In the big cities the police - like in every other big ciy - will have a somewhat metropolitan attitude, in other words will allow more. The attitude, however, in the smaller villages is quite different.

    Custody and divorce
    Erotic power exchange activities will be brought up as both a reason for divorce as well as an argument in custody cases.

    Regional differences
    In major cities the attitude towards erotic power exchange will be more tolerant, and you may even find a boutique here and there.

    Travel advice
    It is not advisable to bring any toys, gear and magazines when traveling to Australia. Please remember that even magazines - that are considered relatively harmless else where - may be considered pornographic and get you into trouble.

     


    Israël


    General situation
    In principle erotic power exchange is not illegal in Israël. However, prostitution - and includes commercial erotic power exchange activities - is.

    Attitude by the authorities
    Isreël is a multi-relgion state. And although erotic power exchange activities between cencenting adults (18 and older) are not considered illegal the attitude of the authorities may be different from city to city.

    Custody and divorce
    Erotic power exchange activities will not be brought up as both a reason for divorce as well as an argument in custody cases.

    Regional differences
    In major cities the attitude towards erotic power exchange will be more tolerant, and you may even find a boutique here and there - much like most other countries. It is however good advice to keep it down on public activities such as openly wearing specific outfits.

    Travel advice
    There is no reason not to bring toys when traveling to Israël. Please do reme,ber however that magazines, videos and photographs/pictures may get you in trouble. Pornography is considered illegal and the legal description of pornography is very vague.
     
  3. thanasis

    thanasis Contributor

    Αλήθεια, στο ίδιο άρθρο τί λέει για την Ελλάδα;
     
  4. nasmar

    nasmar Regular Member

    Απάντηση: Re: Τι επιτρέπετε και τι όχι στις άλλες χώρες όσον αφορά το BDSM

    female part
    με πρόλαβες! εχω ακριβως την ιδια απορια.
     
  5. Apollyon

    Apollyon God's Demon Contributor

    Ειναι πολυ συγκεκριμενος ο νομος στην Ελλαδα.Επισης ειναι αρκετα μεγαλο το αρθρο του νομου για να δημοσιευτει εδω.Οπως ολοι οι νομοι εχουν παραθυρακια εχει και αυτος,καθως και εξυπνα αν θελει καποιος που μπορει να τον εφαρμοσει μπορει να σε "παγιδεψει".Ενα παραδειγμα απλο ειναι οτι ακομα και μια φωτογραφια που εχει καποιος με μια αλυσοδεμενη σκλαβα,μπορει λογω του οτι η φωτογραφια δεν θεωρειται τεχνη συμφωνα με τον Ελληνικο νομο (σε αντιθεση με ενα πινακα ζωγραφικης),μπορει να δημιουργησει νομικα προβληματα.Δεν χρειαζεται να πανικοβληθει καποιος.Οπως συμβαινει και με τους περισσοτερους νομους,εαν δεν ειναι κραυγαλεα τα "παραστρατηματα" δεν εφαρμοζεται.
     
  6. thanasis

    thanasis Contributor

    Ενδιαφέρον, αλλά για να έχουμε μια πιο συγκεκριμένη άποψη, πώς/πού θα μπορούσε κανείς να τον βρει;

    Και θα ήταν πολύ ενδιαφέρον να δημοσιευτεί εδώ προς συζήτησιν...
     
  7. Apollyon

    Apollyon God's Demon Contributor

    Ολη η νομολογια που αφορα τον χωρο μας ?Ειναι πραγματικα πολυ δυσκολο το εγχειρημα αγαπητε αλλα ειλικρινα θα το προσπαθησω.Επιφυλασσομαι λοιπον στο εγγυς μελλον να ανοιξω ενα νημα για το θεμα αυτο.Καλη δουλεια Jim και καλο κουραγιο στην μεταφραση.Επισης και καμμια πηγη δεν θα ηταν ασχημο να μπει.

    Ενδεικτικα αναφερω :

    Το Σύνταγμα

    MEPOΣ ΔEYTEPO - Aτομικά και κοινωνικά δικαιώματα
    'Αρθρο 7 - (Καμιά ποινή χωρίς νόμο, απαγόρευση βασανιστηρίων)


    1. Έγκλημα δεν υπάρχει ούτε ποινή επιβάλλεται χωρίς νόμο που να ισχύει πριν από την τέλεση της πράξης και να ορίζει τα στοιχεία της. Ποτέ δεν επιβάλλεται ποινή βαρύτερη από εκείνη που προβλεπόταν κατά την τέλεση της πράξης.
    2. Tα βασανιστήρια, οποιαδήποτε σωματική κάκωση, βλάβη υγείας, ή άσκηση ψυχολογικής βίας, καθώς και κάθε άλλη προσβολή της ανθρώπινης αξιοπρέπειας απαγορεύονται και τιμωρούνται, όπως νόμος ορίζει.
    **3. Η γενική δήμευση απαγορεύεται. Θανατική ποινή δεν επιβάλλεται, εκτός από τις περιπτώσεις που προβλέπονται στο νόμο για κακουργήματα τα οποία τελούνται σε καιρό πολέμου και σχετίζονται με αυτόν.
    4. Nόμος ορίζει με ποιους όρους το Kράτος παρέχει, ύστερα από δικαστική απόφαση, αποζημίωση σε όσους καταδικάστηκαν, προφυλακίστηκαν ή με άλλο τρόπο στερήθηκαν άδικα ή παράνομα την προσωπική τους ελευθερία.

    Πηγη : http://www.parliament.gr/politeuma/syntagmaDetails.asp?ArthroID=8

    Καταλαβαινεις λοιπον οτι η λεξη κλειδι,οπως ο νομος οριζει,αναφερεται σε αρκετα κομματια του ποινικου κωδικα.
     
  8. thanasis

    thanasis Contributor

    Φαντάζομαι οτι κάτι τέτοιο θα ήταν δύσκολο, αλλά μια τέτοια προσπάθεια θα τύγχανε της εκτίμησης όλων μας, φαντάζομαι, οπότε σε ευχαριστώ προκαταβολικώς.

    Jim_Jailor, πολύ ενδιαφέρον το νήμα σου!
     
  9. Lady_in_Black

    Lady_in_Black MindGames

    Thanks Jim, όντος πολύ ενδιαφέρον όπως προ είπε ο Θανάσης.. αλλά μήπως να γινόταν και μια μετάφραση για αυτούς που δεν γνωρίζουν αγγλικά? Κομματάκι πακέτο βέβαια αλλά δεν είναι και όλοι ξενόγλωσσοι  

    Apolyon thanks και σε σένα για την πηγή.. πάω να μορφωθώ  
     
  10. latexduck

    latexduck Contributor

    Σ/σας ευχαριστώ.
    Lady_in_Black προς το παρόν δεν έχω χρόνο αλλά αν προσφερθεί κανένας να την κάνει ευχαρίστως!  
     
  11. Constan

    Constan Regular Member

    και φυσικα η ελλαδαρα μας ειναι καιρο μπροστα κ σ αυτο

    ευχαριστουμε jim
     
  12. latexduck

    latexduck Contributor

    τα ανέφερα όλα αυτά για να δείτε ότι είμαστε μπροστά και όχι πίσω , διαβάστε όσοι ξέρετε αγγλικά τι επικρατεί στις άλλες χώρες...