Im 2019 Susan Wright and I designed and implemented the 2020 Consent Survey with the help of our excellent research partners at UNC Charlotte. This is a follow up to the 2014 Consent Violations survey, specifically looking at consent incidents and psychological resilience. In February, as our communities started to experience distress due to the COVID-19 pandemic, we concluded data gathering out of concern for stressful nature of the content for some participants. This technical report summarizes some of our primary findings:

2020 Consent Survey Report

After a thorough review by NCSF’s relevant committees, the Consent Counts Committee has proposed, and the Board has approved our Best Practices for Consent to Kink.

https://ncsfreedom.org/2021/01/16/best-practices-for-consent-to-kink/

These are guidelines, not hard and fast rules.   Many seasoned kinksters have house rules, informal agreements and contracts that differ from these.  Perfect adherence to these guidelines does not completely prevent misunderstandings, accidents, or even predatory behavior.  But we have revised them after an extensive cooperative effort with The American Legal Institute (ALI) to use language that is consistent with their new Model Criminal Code, which serves as a template for the 50 US States to revise their criminal statutes.  While States implement the Model Criminal Code individually, and often modify it in parts, in each State which chooses to pass it, it will for the first time implement consent as a criterion for determining assault and sexual assault that its largely consistent with kink community practices.  This is a huge advance relative to historical statues that often did not provide any role for consent in determining if a crime had been committed. 

The ALI has yet to finally approve the Model Criminal Code due to COVID-19’s disruptive impact on their meetings, and until it receives final approval, no States have yet to adopt it.  It is a major goal of NCSF to encourage its adoption over the next several years.  You can assist this process by your donation of time or money through the NCSFreedom.org website by clicking on “How to Get Involved”.  You are also encouraged to download this file for use in you group of you may request brochures from NCSF on our website.

With the full understanding that consent is contextual, and there are many ways of communicating it, we think these guidelines provide the best possible protection against legal liability and are a great starting point in new relationships and novel party settings.  Please stay safe and have fun!