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Cardozo Journal of Equal Rights & Social Justice

Abstract

The note argues that the criminalization of BDSM practices, due to the lack of legal recognition of consent as a defense in BDSM-related injuries, is unconstitutional and harmful. It advocates for legal reform, specifically the creation of a BDSM exception in the Model Penal Code, to protect practitioners' rights and reduce stigma.

Disciplines

Constitutional Law | Law | Sexuality and the Law

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