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spicybrains -> Civil Detention and BDSM (12/26/2007 3:32:28 PM)
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I recently read an article about the civil detention of sex offenders after they have served the maximum sentence for a crime. That article isn't available online, but the following piece sums it up well:
http://query.nytimes.com/gst/fullpage.html?res=9801E1D61639F935A35752C0A9649C8B63
I think the potential to use this against sexual minorities like the BDSM community is alarming. I could see a court buying into the idea that someone who does age-play is "dangerous" and has a "mental disorder", and should be locked up in a mental hospital, because they are unable to distinguish a fantasy among consenting adults from actual child abuse.
Most of the laws require that someone be convicted of a crime, but then... that could change. Moreover, some of the activities we engage in consensually are technically criminal, depending on the jurisdiction. A conviction for solicitation could cost someone their freedom for life, if they court finds that their sex life is weird and scary to the mainstream.
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