Eternal Draft: Evidence of ‘hidden’ Queerphobic bias in Antisexualist and Kinkphobic measures

…Or why all Queers (L, G, B, P, A, T +) should worry about and be allies in the fight against anti-sex and anti-kink laws.

[updated 07/03/09, first written 07/01/09]

The following is a collection of indicators or references to where Antisexualist and/or Kinkphobic legislation, case law, and other authority measures have had a bias against queer sex, while not specifically being declared by their enactors to have anti-queer intent. The purpose of this is to provide a succinct pool of backing evidence for the hypothesis, based on observation, that where antisexualist or anti-kink prejudices are enshrined in rules they will invariably also enshrine an amount of anti-queer bias, due to the shared root in a fear of people seeking to enjoy their own bodies’ and/or use them for pleasure.

I started putting this together ages ago following a conversation with a fellow activist where I explained I felt the constituency of a Queer conference she was heading to (and all Queer people) should care about the criminalisation of kinky porn since in the past antisexualist and anti-kink laws in the UK have always impacted harder on gay/bi/pan people and same-gender erotic materials than on comparable hetero ones, due to the common undercurrent in thinking amongst the heteronormative world that there is something inherently ‘immoral’ or ‘perverse’ in queer sex, simply due to it’s queerness.

This is an evolving document, and any other evidence (ideally as legislation/regulation/etc or comment with citation as opposed to non-citing comment or opinion pieces) would be gratefully accepted. Please send any text or pointers to corruptinginfluences@mac.com.

~ jessikat

Within UK –

  • “…Legislation in this area is likely to throw up more problems than solutions. In Canada, one of the first prosecutions under that country’s tighter anti-porn laws was a consensual lesbian SM publication. Here, in the UK, our anti-porn laws were used successfully in the 1980s to prevent explicit safer sex advice to combat HIV. …”
  • Public sex in SOA2003 – brings in aggressive laws against any sexual activity in public toilets, a.k.a “cottaging” i.e. male-on-male sex, while not doing the same for outdoors sex or “dogging” i.e. predominately heterosexual sex, thus disproportionately criminalising G&B men.
  • “Same-sex age of consent offences are treated much more seriously than equivalent heterosexual offences: “for consensual heterosexual intercourse with girls between 13 and 16 the tariff [a band, established by Appeal Court decisions, within which a sentence is supposed to fall] is [set at] a fine or a conditional discharge or imprisonment [of] up to 1 year for older offenders. In practice, the male partner is usually given a caution or, if prosecuted at all, no more than a fine. For consensual sexual activity by a man with a boy of corresponding age, however, the tariff, which in this instance the courts tend to follow, is 3 – 5 years imprisonment.”
  • “… The [anti-SM] law also appears to discriminate unfairly against gay men, compare the decisions in R v. Wilson and R v. Brown. In Brown the gay “passive” partners were prosecuted and convicted whereas in Wilson and Emmett the heterosexual “passive” partners were not prosecuted.”

Abroad, Similar ‘Western’ nations –

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