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Several of us on this side of the pond are following the highly interesting discussion going on in the United Kingdom at present as to whether sado-masochistic activities are legal, unhealthy or even immoral. This discussion has been brought to a head by the recent revelation that the head of Formula One Racing, multi-millionaire Max Mosely, has been a practitioner of Bondage/Discipline, Sado-Masochism or BDSM for the past 45 years. He has generated a good deal of sympathy with the general public in that he does not present as an arrogant man, yet is unapologetic and feels strongly that his private life should be of no concern to anyone. Max Mosely, to his horror and amazement, has become the unwitting poster-boy for BDSM rights internationally.
My interest is that of a researcher of the psychological functioning of BDSMers. In 2004 I conducted a study in which we tested 220 BDSMers on various psychological instruments. Sadly scientific research of BDSMers is lagging far behind the study of many other populations representing the sexually diverse. We are just now seeing good research regarding such non-criminal, consensual BDSMers, but still next to nothing about private BDSMers such as Max Mosely who do not take part in public BDSM venues such as dungeons, trainings or conventions (yes, there are many regional, national and international conventions that are quite large). Funding for such study proposals of BDSMers appears to be hard to come by for various reasons. Credible forensic researchers do not appear anxious to be associated with the study of this population, due in part to the knowledge that their own professional reputations may suffer through association. This appears to especially be true if any such study were to imply that BDSMers are somehow not pathological, or worse, that many BDSMers may even be stable functioning people.
This discussion is of great importance to the approximately 10 to 15% of people in this country (and the UK) that claim some form of affiliation with the practice of BDSM. The number of those interested in such practices in some form or fashion is certainly much higher, as indicated by the prevalence of this topic in the cultural landscape. There are nearly 50 million sites on Google for BDSM information alone, not to mention millions more for the words, "bondage" and other related things. A popular BDSM related community website has 3,400,000 paid members. In any case it appears that the concept that sexuality is somehow intricately connected to extreme sensation, whether it is in wanting to deliver or receive physical or psychological domination or submission.
However, oftentimes there are high-stakes outcomes for those who practice BDSM, especially as played out in divorce courts as well as in the court of public opinion. For example, the highly publicized and messy divorce case of the actress Jeri Ryan, what with the allegations of her husband's fondness for public dungeons, scuttled his US Senate candidacy and obviously decreased his negotiation power in the divorce court proceedings. Yet on the other hand, the charisma of Bill Clinton allowed him to survive his many sexual debacles. Max Mosely represents a different kind of media case which will certainly have the power to influence the course of public opinion for years to come with regard to the sexually diverse.
It should be pointed out that Max Mosely was not necessarily engaged in any overt sexual act. He was involved in the common BDSM related role play of being interrogated and whipped. Many BDSMers claim that the "power exchange" of dominance and submission and even the pain/endorphin high is the greatest part of the reward circuit of their activities, and actual sex acts, if any, are often only a minor side note. Many also claim a strong spiritual connection with their BDSM beliefs and lifestyle. Therefore, many of them choose to compare their right to engage in flogging or other psychological dominance/submission related activities to the spiritual/physical experiences sought out by mountain climbers, marathoners, medical students, monks or others who continually test the limits of their bodies and minds. They feel that if not for the overstated association with sex, that BDSM would be seen as just another (strange) way to challenge oneself, much like the religious self-flagellators, those who are nailed to the cross, hang from hooks through the chest, "vision quests" or other such activities that are protected if not respected due to the inherent religious implications.
Some scholars and other experts remind us that the issues surrounding BDSM is somewhat reminiscent of a time not so long ago when so many gay individuals had to hide their true nature lest they be found out and ruined. Sadly, true equality still remains elusive for many in the gay community who find they must continually push for equal protection under the law. Likewise, the otherwise stable functioning and law abiding practitioners of BDSM, such as Max Mosely feel that they should be able to practice their interests with consensual partners without the intrusion of the courts or the effects of other unreasonable consequences, such as loss of job or custody of their children. But if a public figure or professional is found to be engaging in S&M activities, even though no law was broken, the damage to their life and their families will surely be devastating, and that reality is not likely to change anytime soon.
As far as whether BDSM is legal in the United States, this issue is murky at best. In the US there are a dozen or more states in which certain BDSM activities might be considered to be illegal activities. It turns out that it well may be illegal in many localities to actually consent to have someone hit or otherwise hurt you, or to do such hitting or hurting, unless of course it is done in the context of sports (hockey, boxing, karate, American football, etc.), where one can consent to such forms of battery, which regularly results in grave injury or death. For many BDSMers and those interested in civil liberties, this "sports exemption" in the law seems unfair at best, and BDSMers would also appreciate such an exemption from prosecution due to their consensual activities.
In most states there may not necessarily be any specific laws on the books that outlaw BDSM activities per se. However, assault and battery charges can be brought forth at the discretion of the police or the district attorney. It is thought likely that police and the courts are quite prudent in following through with prosecution of battery charged on a person because of BDSM activities that are brought to attention of the officials from, say, a neighbor's reports of screams. It seems that the police and prosecutors regularly use a good deal of carefulness and common sense in bringing cases that they have determined are likely to be the private business of the couple involved, and decide that such cases probably do not belong in the judicial system. In any case, it would seem that in many localities it is simply a case of "hit-or-miss" that a BDSMer be prosecuted for consensual activities with his or her spouse or partner. Of course, in the US, states have the right to make illegal any sexual activity, and sodomy and the like is often still against the law in some places.
Therefore, in the states where BDSM activities may not have specifically been determined to be illegal, it simply remains unknown as to whether these activities are in fact violations of the law. It seems that such cases would oftentimes simply be decided by authorities on a case-by-case basis. However, a legal case in the US that may help other jurisdictions to clarify the legal issue is that of the case of Lawrence v. Texas in which it was effectively ruled that the state lacked the power to declare an activity illegal purely on the basis of moral opinion. This case may serve to give legal precedent to the idea that these types of activities and interests, while distasteful to many, do not merit the interest of the state's legal apparatus for punishment of those who engage in consensual activities that may cause hurt, but not necessarily harm to another.
Another issue of interest to many of those of us in the field of mental health is the question of BDSM and its potential for addiction with some practitioners. At present there appears to be no studies linking practices of consensual BDSM activities to the process of addiction or dependence. Most practitioners interviewed claim no distress or disruption of their lives and see their practice of BDSM as enjoyable, therapeutic, and even life-affirming. While many practitioners of BDSM might readily admit to being consumed by their intense interest, they deny being overly troubled by it, or that their lives are disrupted or otherwise negatively impacted. Indeed, while others may clearly see the situation as indicative that the person has become obsessed and disordered, the BDSMer in question may claim that while these observations may have some merit, that their interest and activities are no more strange than the enthusiasm of rabid NASCAR fans, Star Trek convention fanatics, or even entomologists (bug scientists) with their massive collections.
However, it is virtually certain that others may find themselves at the far other end of the scale where they clearly feel consumed by their fascination and obsession with BDSM to the point of seeing their health decline; relationships crumble, job losses and financial failure. Some such individual may come to the attention of a specialist (a "Kink-Aware Professional" that also works in addictions) to help determine the nature and extent of any such problem. In this case, a useful model of addiction might be the "Three C" model; Compulsive use, lack of Control, and Continuation despite adverse consequences. Once addiction has been diagnosed, the person may avail themselves to seeking help from a specialist, in much the same way that compulsive shopping or other such activities can disrupt lives and cause distress.
In the case of Max Mosely, it is unclear as to whether he was "addicted" to the SM activities. While his involvement with BDSM most likely evolved over time as to its type and nature, it does not appear from this vantage point that it had ever progressed to the point to which his physical or mental health was in jeopardy. However, his behavior did indeed put his family, job, and reputation at risk, which is an indication that the behavior had taken on a huge importance for him in his life. Yet, while he states adamantly that his private behavior should not anyone's business, he appears to have risked and lost a good deal that is important to him. However, this fact in and of itself does not confirm the certainty of an addiction process at work. To the extent that any pleasurable or enjoyable behavior is addicting, Max Mosely had found escape, release and probably some level of fulfillment from his BDSM activities, and expected, or at least hoped that his 45 year secret would remain a private matter.
Many experts in the area of treatment of trauma disagree on whether such an interest is indicative of psychopathology. Some would absolutely recommend that Mosely seek out help to work through his issues that lead him to desire punishment and humiliation for himself in that he would appear to be acting out his trauma history in unhealthy ways. Many therapists may feel that unless he shows some disturbing signs of psychological distress resulting from his activities indicating the likelihood of past trauma and that he wants help, that he should be left alone to determine the nature and course of his own fantasy world and behaviors. In the case of Max Mosely, he is an otherwise responsible businessman and family man with no criminal past. A good bet would be that he has likely worked with psychiatrists and psychologists over the years in order to help answer his questions or concerns regarding his interests and behaviors.
If true, it would follow that through it all these professionals monitored Mr. Mosely closely for any signs of psychological decompensation. It may well be that Mosely ignored any such advice and continued with his interests. However, the relationship between a patient and his psychiatric and psychological support staff requires a cooperative, two-way effort and cannot be expected to work if the psychologist is highly judgmental and overly directive of the patient. However, it can probably be reasonably inferred that had the professionals that likely surround Mr. Mosely determined that his activities were progressing to unsafe levels, that they would have alerted him of this and supported him to abandon or adjust any excessively self-destructive pathways and worked with him to abandon or modify any such activities determined to be clearly dangerous to him or others.
The DSM-IV defines sexual paraphilia as any of several persistent, intense sexual interests, fantasies, or urges involving nonhuman objects, pain or humiliation, children, or nonconsenting individuals. Sexual Masochism and Sexual Sadism are a few of the many paraphilias included in the manual. However, a diagnosis of these forms of mental disorders can only be made if the individual in question admits that "The fantasies, urges, or behaviors cause clinically significant distress or impairment in social, occupational, or other important areas of functioning." Therefore, if the individual belongs proudly to the local "leather" scene or other type of BDSM community, it should probably be interpreted that the individual does not qualify for a diagnosis of such a "mental disorder" on the basis of the DSM criteria delineated above. Therefore, members of the public BDSM community may represent the healthiest of all BDSMers in that they are "out and proud." Just as being "out" is a good sign of mental health and personal and social adjustment for those in the gay community, those who do not fear being "outed" as being involved in BDSM will potentially exhibit far less stress and anxiety that can surely lead to maladaptive coping strategies and poor mental health.
In the case with Max Mosely, a private and hidden BDSMer who has likely harbored intense worry for years that his BDSM involvement would one day be publicly exposed, the resultant psychological tension could be expected to have represented a factor negatively affecting his overall psychological adjustment. How he dealt with private fears or even shame about his interests is hard to imagine in that he somehow dealt with these things for the past 45 years. Yet, it would appear by an examination of the available evidence that this otherwise highly successful man has lived an ethical and fulfilling life, built a healthy fortune and reputation, and would appear to be quite psychological stable in many ways. But obviously, his worse fears have now come true and his family and reputation have suffered enormously. Therefore it would seem that in his case and that of so many other professionals and other public figures, that a choice must be made and it probably does not include "coming out" as a BDSMer as one of the choices as the repercussions for such a thing would be obvious.
Leaving aside the question of morality and sidestepping the tangled legal issues, American citizens generally feel strongly that they have a right to participate in whatever lifestyle they choose, no matter that it be considered controversial. Within this cultural mind-set, many individuals enjoy the liberty of belonging to biker gangs (or motorcycle clubs), to the Moonies, Hari Krishna, or follow Star Trek conferences around the country if they so choose. People may also elect to run grueling marathons, ride motorcycles without helmets, beat one another into brain damage in boxing or cage-fighting, jump out of planes, or climb Mount Everest where they may lose fingers, limbs, or even die (see 1998 IMAX movie "Everest"). But such individuals who engage in such activities for high risk of injury and death defend vociferously their right to put themselves in harm's way if they so choose; and most of us would reluctantly and squeamishly agree.
Yet the law and public perceptions view these things quite differently when discussing BDSM interests and activities. BDSM involves behaviors that present with seemingly similar levels of danger as the aforementioned "acceptable" activities. But in that BDSM is also associated with sex (even if it is only in a symbolic fashion), public perceptions are quite different when contemplating the acceptability and even true nature of a masochistic BDSM "pain pig," versus the more noble and seemingly understandable persona presented by the marathoner, the boxer, or the mountain climber.
The general public, while titillated by the racy S&M topics and content presented on programs such as Law and Order, or CSI, will not likely accept any time soon their sons or daughters "coming out" as a sexual sadist or masochist. It would appear that the type of acceptance grudgingly given to other marginalized groups such as gays and the transgendered will be a long time coming for BDSMers; at least in the area of legal rights and freedom from inequitable prosecution, or fairness in divorce and custody decisions. Again, most Americans would defend a person's right to engage in consensual BDSM activities and interests without fear of arrest (as long as there are no serious injuries). But BDSM as an institution will probably remain poorly understood and the "lifestyle" and its members marginalized by the larger society.
Obviously, BDSMers may have something in common with those aforementioned extreme sensation seekers represented by extreme fighting participants, heli-skiiers and snow boarders, and even Everest-class mountain climbers. Yet, interestingly, virtually none of the BDSMers in our study expressed any interest in participating in activities as dangerous as those for fear of real injury or death. However, it is clear that BDSM practitioners have more at stake legally and financially, with social or career advancement, and with family involvement and consequences than do any other extreme sensation seekers mentioned above (typically seen as heroic and brave.) Therefore it would seem that while BDSM activities in and of themselves are largely tolerated and seldom prosecuted in this country, that public perception is largely negative and can cost the BDSMer in many ways that fall short of the consequences from arrest or conviction, especially if the individual in question is a public figure or professional.
Many in the field of psychology and psychiatry are interested as to whether BDSM involvement should be viewed as a mental disorder which necessitates psychotherapy or other forms of treatment. Few would argue that a sadist who enjoys harming non-consenting people is mentally disordered and must stop that behavior immediately and be treated. It should be mentioned that such forms of pure sadism used to be classified as a personality disorder under Axis II in the Diagnostic and Statistical Manual. However, Sadistic Personality Disorder was removed from subsequent editions as it opened the door to athletes and others (boxers, hot-yoga enthusiasts, etc.) being viewed as mentally disordered. The changes brought forth the newer categories of Sexual Masochism and Sexual Sadism as they now appear in the DSM IV.
Therefore, it no longer necessarily represents a mental disorder if a person wants to be humiliated, beaten, bound or otherwise made to suffer, or if a person wants to administer these types of things to another. Again, only if the person in question admits that such things cause him or her clinically significant distress or impairment can diagnoses of such mental disorders as Sexual Sadism or Sexual Masochism be made.
Therefore, it would seem that the legal or mental health aspects of BDSM hinge on whether it has been determined that there is sufficient evidence of a sexual involvement in the BDSM interests or activities with the individual in question (hence, Sexual Masochism or Sadism). Many practitioners insist that sex itself plays as much (or as little) a part of their overall involvement in BDSM as might be the case for a couple of mountain bike enthusiasts who may or may not decide to pull off the road to have sex; or even of the case of skydiver who feels some sort of sexual thrill or release from engaging in that activity. Many, if not most BDSMers adamantly insist that the dominance and submission dynamic, the power exchange, is the defining characteristic of their lifestyle choice and that an overt sex act may occur or not occur -- and that even if it did, it would most oftentimes be only tangentially meaningful in the overall scheme of their interests.
Polls and studies suggest that millions of people appear have an active interest in BDSM. There are nearly 3.4 million paid members of the BDSM online community WWW.alt.com. A quick check on Google reveals 45 million sites with information on "BDSM," and many more if looking for information on "bondage," "flogging," etcetera. Of these millions of individuals interested or participating in BDSM, it can safely be said that relatively few of them end up becoming entangled with the criminal justice system. It could be assumed that oftentimes, behind the scenes in BDSM related cases, deals are brokered between the parties that would serve to keep their secrets private so that children, friends and family, divorce judges or employers do not find out. Additionally, it is also likely that both training and experience teach prosecutors and the police that no real good can come from pushing for punishment of individuals in cases of consensual BDSM, in that juries may well acquit those charged with participating in private activities with his or her partner. Prosecutors are also likely concerned that their actions would be perceived as heavy-handed and a waste of taxpayer resources and probably also realize that it would be a losing battle to crusade to stamp out private BDSM activities among consenting adults when there are certainly bigger and more important cases to prosecute.
We know from 30 years of studies in the offender literature that rapists, child molesters and other sexual and violent criminals will often reoffend. They violate the rights of others through using force with non-consensual victims, exposing themselves to strangers, peeping on others, or harming children. Yet, there is no evidence that consensual BDSMers have any greater propensity to cause damage to the citizenry that anyone else. Several recent studies show that consensual BDSMers to have no psychopathology as a group and above-average in the area of intelligence, as opposed to criminal offenders with the common personality profile of psychopathic deviate with much lower IQ. There likewise does not appear to be any close similarity between BDSMers and the psychological profile of spousal abuse perpetrators, or of spousal abuse victims.
Therefore, recent research reveals that the psychological functioning of consensual BDSMers shows them to resemble the folks next door; someone such as Max Mosely for example; a person seemingly normal upon even close examination. It should no longer be assumed that this activity is automatically pathological, damaging or even unhealthy for many of the adherents. Although for some BDSMers, the activity and interest may at some point no longer fit in with their life plan or self-concept, and they may come to feel the need to modify their interest or move away from it altogether. For others, such activities may well turn into an addiction or dependence, causing distress and interfering with their lives to the point that they seek help. However, any talk about serious injuries or death from the practice of consensual BDSM practices, particularly in the public dungeons or even in the private parties of these "scene" members would appear to be exceptionally rare. While on the other hand, media reports of injuries and death resulting from sports of all types is alarmingly prevalent.
Max Mosely asks that that he be considered as an individual who has proven he is neither mentally unstable nor a danger to himself or others. He would admit that his interest with BDSM practices could be considered strange and far outside the mainstream experience. While many smart therapists and psychologists feel the need to find a direct connection between BDSM activities and past trauma, in most cases life is far more messy and complex. Even if the BDSM activity is truly a reenactment of past trauma, some specialists in the field find that it may serve a therapeutic benefit for some, such as is true for an individual who confronts and conquers a fear of heights by learning to pilot a plane. Yet in any case, it does not appear that Mr. Mosely is asking to be accepted or understood for his private fantasies and behaviors. He only wants to be left alone.
Much of sexuality and fantasy is understandable only to the individual, and oftentimes only in an oblique and evolving manner. Overall, many would agree that florid and intense sexual fantasies and peculiar behaviors can only represent mysterious phenomena that defies a full understanding or explanation, and oftentimes doesn't really even require one. Does Mr. Mosely have sexual problems? Is secret-keeping to this level unhealthy? Shouldn't everyone with such issues seek out help? Possibly, but if Mr. Mosely does not feel that he is harming himself or others and is not asking that people understand him, then he should probably be left alone to pick up the pieces of his life. It should also be pointed out that therapists skilled in helping those with sexual issues are few in number compared to the overall need. Not all who need help can afford it. In any case, therapists can only help those who admit to a problem and are willing and motivated to seek help.
It is fitting at this juncture in this very public scrutiny and analysis of Mr. Mosely's private life to offer an observation made many years ago by a very bright man. Bill Wilson, principal architect of the 12 Steps very eloquently wrote in the "Big Book" of Alcoholics Anonymous back in 1939; "We all have sex problems. We'd hardly be human if we didn't." Even if all agreed that Mr. Mosely needed to stop his S&M interests and activities because they are; wrong, dysfunctional, a retraumatization, or otherwise an unhealthy affliction -- should he not be free to practice these ostensibly legal and certainly consensual activities? After all, we allow that boxers can inflict terrible damage on one another and we do not demand that they look into the probable psychological implications and potential childhood abuse and trauma history. In any case, many do not feel that Mr. Mosely should submit to therapy, or even that he needs to stop his S&M behavior.
The case of Max Mosely has provoked a much needed discussion among politicians and lawmakers, civil rights advocates, researchers, therapists, as well as in the general public as to the nature and implications of BDSM interests and practices. It will be interesting to see where this discussion will lead. In any case, the treatment by the media and the public perceptions of Mr. Mosely's private life will have echoing implications not only in the UK, but around the world for those who participate in BDSM activities in its infinite variety. It will be fascinating as to whether there will be enough support for him to continue in public life and to maintain a leadership role in the society. Max Mosely is unapologetic about his lifetime of S&M practices and abiding interest in them, yet Mr. Mosely does not come across as unstable or even arrogant. That in itself certainly gives this interesting case a wide appeal. |
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