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Monday, April 13, 2009
Monday, February 23, 2009
NCSF Statement on Professional Dominatrices in New York
NCSF has been contacted by over a dozen concerned members of the BDSM community in New York about the
arrests of dozens of professional Dominatrices in Manhattan that started in early 2008. The pro-Domme
community in New York City, which has been a vibrant part of the BDSM community for decades, has been
ravaged by these prosecutions for prostitution and for promoting prostitution, resulting in the closure
of a number of pro-Domme houses.
NCSF contacted the Manhattan DA's office in order to clarify what sort of "for-pay" BDSM activities are
considered legal in New York State. On February 5th, Susan Wright, along with outside counsel, met with
ADA Leroy Frazer and Lisa Friel, head of the Sex Crimes Unit, to get their legal opinion.
Pro-Dommes have traditionally considered their BDSM-for-pay to be legal. One case decided by a local
misdemeanor court, People v. Georgia A., 163 Misc.2d 634 (Crim. Ct. Kings Co. 1994), supports this
position, holding that "sado-masochistic acts such as domination, foot licking, spanking and submission"
are not "sexual conduct" prohibited by the prostitution statute. However, that decision is not binding
even on other misdemeanor courts, and Ms. Friel described it as "not worth the paper it was written on."
Also, as stated in Georgia A.:
"The term sexual conduct is not defined in the statute but has since been described in various cases.
That conduct includes acts of masturbation, homosexuality, sexual intercourse, or physical contact of
the person's clothed or unclothed genitals, buttocks or a woman's breast. ( People v Block, 71 Misc 2d
714 [1972].)"
According to ADA Frazer, their office does not make prosecution of pro-Dommes a priority. However,
according to their interpretation of the law, any form of "payment in exchange for touching in an
intimate place either over clothing or nude" would constitute prostitution. This includes any touching
of the genitals, anus, and breasts.
Under Georgia A, certain BDSM activities such as humiliation, role-play, foot worship, D/s, service
activities, and bondage were found to be exempt from the prostitution statute, as long as no other
sexual activities were involved. Ms. Friel opined Georgia A is based on a misunderstanding of the scope
of the prostitution statute and that "sexual conduct" should be defined as what is arousing to the
participants, not what is arousing to the outside "vanilla" observer.
Therefore, activities such as flogging, CBT or genitoture, spanking, body worship and nipple torture, in
addition to more overtly sexual activities, would fall within the Manhattan DA's understanding of
prostitution when they are done for pay and either party is aroused by them.
NCSF opposes the prosecution of pro-dominants under prostitution laws. Consenting adults engaging in
safe, sane, consensual SM, fetishes, and cross-dressing services do not pose legitimate health or safety
issues for local communities. What these adults agree to do in private is no one else's business.
NCSF is currently exploring ways to cooperate with other sex-positive activist groups in New York City
to protest these arrests, as well as the alleged entrapment and arrests of gay men for prostitution. If
you have been arrested for prostitution for doing BDSM activities, or if you would like more
information, please contact: susanw@ncsfreedom.org
February 11, 2009
arrests of dozens of professional Dominatrices in Manhattan that started in early 2008. The pro-Domme
community in New York City, which has been a vibrant part of the BDSM community for decades, has been
ravaged by these prosecutions for prostitution and for promoting prostitution, resulting in the closure
of a number of pro-Domme houses.
NCSF contacted the Manhattan DA's office in order to clarify what sort of "for-pay" BDSM activities are
considered legal in New York State. On February 5th, Susan Wright, along with outside counsel, met with
ADA Leroy Frazer and Lisa Friel, head of the Sex Crimes Unit, to get their legal opinion.
Pro-Dommes have traditionally considered their BDSM-for-pay to be legal. One case decided by a local
misdemeanor court, People v. Georgia A., 163 Misc.2d 634 (Crim. Ct. Kings Co. 1994), supports this
position, holding that "sado-masochistic acts such as domination, foot licking, spanking and submission"
are not "sexual conduct" prohibited by the prostitution statute. However, that decision is not binding
even on other misdemeanor courts, and Ms. Friel described it as "not worth the paper it was written on."
Also, as stated in Georgia A.:
"The term sexual conduct is not defined in the statute but has since been described in various cases.
That conduct includes acts of masturbation, homosexuality, sexual intercourse, or physical contact of
the person's clothed or unclothed genitals, buttocks or a woman's breast. ( People v Block, 71 Misc 2d
714 [1972].)"
According to ADA Frazer, their office does not make prosecution of pro-Dommes a priority. However,
according to their interpretation of the law, any form of "payment in exchange for touching in an
intimate place either over clothing or nude" would constitute prostitution. This includes any touching
of the genitals, anus, and breasts.
Under Georgia A, certain BDSM activities such as humiliation, role-play, foot worship, D/s, service
activities, and bondage were found to be exempt from the prostitution statute, as long as no other
sexual activities were involved. Ms. Friel opined Georgia A is based on a misunderstanding of the scope
of the prostitution statute and that "sexual conduct" should be defined as what is arousing to the
participants, not what is arousing to the outside "vanilla" observer.
Therefore, activities such as flogging, CBT or genitoture, spanking, body worship and nipple torture, in
addition to more overtly sexual activities, would fall within the Manhattan DA's understanding of
prostitution when they are done for pay and either party is aroused by them.
NCSF opposes the prosecution of pro-dominants under prostitution laws. Consenting adults engaging in
safe, sane, consensual SM, fetishes, and cross-dressing services do not pose legitimate health or safety
issues for local communities. What these adults agree to do in private is no one else's business.
NCSF is currently exploring ways to cooperate with other sex-positive activist groups in New York City
to protest these arrests, as well as the alleged entrapment and arrests of gay men for prostitution. If
you have been arrested for prostitution for doing BDSM activities, or if you would like more
information, please contact: susanw@ncsfreedom.org
February 11, 2009
Saturday, January 10, 2009
Did you know?
As Director of one of the largest BDSM/Fetish educational events in the country - The Floating World, I
have had numerous occasions to work with people from NCSF in assuring the event goes off with minimal
friction. They have offered invaluable advice on dealing with municipal authorities and have been very
helpful in dealing with an always-prying media. Susan Wright of NCSF has been our media relations expert
from the beginning, and has done wonders in keeping us out of the media circus spotlight.
One particular case was when a reporter from The Star Ledger newspaper decided our event was excellent
human interest material, even though we explained clearly that we wanted no press. Susan spent much time
on the phone and in person with this very determined reporter and managed to expertly turn the focus
away from us. She did her best to get the story cancelled, but when the Editor wouldn't have it she did
excellent damage control, injecting positive elements into the story and delaying the release of the
article until AFTER our event, avoiding a flood of curiosity seekers and other media looking for their
own stories.
What could have easily been a media disaster became a manageable issue, and her help meant I could focus
on keeping the event on track and protecting the privacy of our attendees.
Dan Andersen, Director -
The Floating World
Edison, NJ
have had numerous occasions to work with people from NCSF in assuring the event goes off with minimal
friction. They have offered invaluable advice on dealing with municipal authorities and have been very
helpful in dealing with an always-prying media. Susan Wright of NCSF has been our media relations expert
from the beginning, and has done wonders in keeping us out of the media circus spotlight.
One particular case was when a reporter from The Star Ledger newspaper decided our event was excellent
human interest material, even though we explained clearly that we wanted no press. Susan spent much time
on the phone and in person with this very determined reporter and managed to expertly turn the focus
away from us. She did her best to get the story cancelled, but when the Editor wouldn't have it she did
excellent damage control, injecting positive elements into the story and delaying the release of the
article until AFTER our event, avoiding a flood of curiosity seekers and other media looking for their
own stories.
What could have easily been a media disaster became a manageable issue, and her help meant I could focus
on keeping the event on track and protecting the privacy of our attendees.
Dan Andersen, Director -
The Floating World
Edison, NJ
Monday, January 5, 2009
Did you know?
Every year, Leather SINS produces two national BDSM events in Chicago: Kinky Kollege and SINSations in
Leather. Ever since the Concerned Women for America attacked five Midwest BDSM conferences in 2002,
Leather SINS has consulted with the National Coalition for Sexual Freedom to ensure that our events
would not face the same problems if we were attacked by religious political extremists.
Leather SINS has consulted with NCSF about a variety of issues while producing our events. We asked
Susan Wright to accept the position as our media spokesperson, posting her phone number on our website
so she can respond instantly to any media inquiries. Susan checks every page of our website for each
event, looking for statements and phrases that may need clarification or may possibly cause problems if
taken out of context by the media.
Leather SINS has gratefully named NCSF as one of our "WE CARE!" charities (along with LA&M). We're proud
to be a Coalition Partner of NCSF, and would urge any group to take advantage of NCSF's knowledgeable
Incident Response program consultants when producing an event.
In leather heart and soul,
Master Z
Leather SINS President & Event Director
Leather. Ever since the Concerned Women for America attacked five Midwest BDSM conferences in 2002,
Leather SINS has consulted with the National Coalition for Sexual Freedom to ensure that our events
would not face the same problems if we were attacked by religious political extremists.
Leather SINS has consulted with NCSF about a variety of issues while producing our events. We asked
Susan Wright to accept the position as our media spokesperson, posting her phone number on our website
so she can respond instantly to any media inquiries. Susan checks every page of our website for each
event, looking for statements and phrases that may need clarification or may possibly cause problems if
taken out of context by the media.
Leather SINS has gratefully named NCSF as one of our "WE CARE!" charities (along with LA&M). We're proud
to be a Coalition Partner of NCSF, and would urge any group to take advantage of NCSF's knowledgeable
Incident Response program consultants when producing an event.
In leather heart and soul,
Master Z
Leather SINS President & Event Director
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