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Roleplaying & Consent

Roleplaying & Consent

What makes a relationship last? If you Google this question, “keeping the sexual spark alive” is almost always on the list. While every couples’ sexual appetite is different, many turn to roleplay to keep things fresh in the bedroom. While roleplaying is a great way to spice up your love life, you should be careful because the boundaries of consent still exist.

Consent in Kansas

Consent in Kansas is:

  • Not attainable through force or fear;
  • Not attainable if the person is unconscious or physically powerless;
  • Not attainable if the victim is incapable of consenting to an action due to mental deficiency, outside stimuli like drugs and alcohol, or any other condition that would understandably deny consent;
  • Not viable if consent is withdrawn during the act.

As you can see consent has many stipulations and roleplaying can blur these lines.

RACK, SSC, & Legal Consent

Many roleplayers delve into dominance, submission, and bondage (commonly known as BDSM). While the BDSM community follows tenets such as safe, sane, and consensual (SSC) and risk-aware consensual kink (RACK) sexual practices, the law gives no preference to such tenets.

In other words, the law does not recognize any other tenets other than its own.

Therefore, if someone is involved in BDSM and asks to stop, but the partner continues, the partner could be found guilty of a sex crime.

Safewords & Consent

Many roleplayers use “safewords” to denote when they are finished participating in sexual acts. A safeword is a word or phrase that a couple agrees to use if a fantasy pushes past one’s consensual boundaries. The idea behind a safeword is that either party could say anything other than the safeword and still consent to the act that’s taking place.

Therefore, in the world of roleplaying, saying things like stop, quit, I’m done, I don’t like this, and other negative phrases are not signs of displeasure, and the couple will continue the act unless the safeword is used.

Unfortunately, the law does not recognize predetermined safewords as an automatic defense in sex crime cases. Therefore if a partner asks you to stop what you're doing without using a safeword, and you choose to continue, you could be found guilty of a sex crime.

Contracts & Consent

Many people believe that as long as two consenting adults agree to an act and make a contract, then both of those parties have to follow through with the details they agreed to. However, that’s not the case. A “sex contract” is seen as the same as verbal consent, and any party can opt-out of the contract at any time.

Therefore, sex and slave contracts are not legally binding.

If someone continues with an act based on a contract rather than a partner’s consent, he or she could be charged with a sex crime.

Have You Been Accused of a Sex Crime

If you or a loved one has been accused of a sex crime, you have the right to hire experienced criminal defense for your case. Rokusek Stein Law is an award-winning criminal defense firm that has helped thousands of clients who have been accused of state and federal crimes.

Call (913) 583-0465 now for a free consultation for your criminal case!

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