REVEALED: The kinky sex act becoming increasingly popular in Australia after Fifty Shades of Grey but it’s ILLEGAL in one part of the country – so are you breaking the law?
- Proposed changes to WA’s domestic violence laws will make strangulation illegal
- It has sparked concerns the proposed policy will criminalise the BDSM sex act
- Choking can already be prosecuted under Section 304 of the criminal code
Under Section 304 of the Criminal Code strangulation or choking can already be prosecuted (Pictured stock image)
A kinky sex act popularised in the global bestseller Fifty Shades of Grey is technically illegal in one Australian state.
Choking, or strangling a partner is forbidden in Western Australia and could result in prison time even if its a sex act between two consenting adults.
The technicality emerged after attempts to strengthen domestic violence legislation on the west coast, as part of the Family violence Legislation Reform Bill 2019.
The bill is due to be debated before the state’s upper house this week but there were concerns it would make the sex play illegal.
But under Section 304 of the Criminal Code strangulation or choking can already be prosecuted.
While New South Wales and Queensland both have legislation to recognise the consensual sex act, there is no clause as such in the proposed legislation for Western Australia.
Liberal Democrat MLC Aaron Stonehouse said the WA government needs to get out of people’s bedrooms and stop trying to make choking sex play illegal.
‘While I’d rather not speculate on the amorous adventures of Western Australians, we can’t ignore the reality that the book Fifty Shades of Grey is one of the highest-selling titles of the last decade.’ Liberal Democrat Aaron Stonehouse said
‘While I’d rather not speculate on the amorous adventures of Western Australians, we can’t ignore the reality that the book Fifty Shades of Grey is one of the highest-selling titles of the last decade,’ Stonehouse said.
‘The unintended consequences of this ban are obvious. Couples may find themselves foul of the law for engaging in consensual activities in the bedroom.’
‘Consenting adults have a right to do what they wish in the privacy of their own bedroom, without the fear of the Attorney-General John Quigley breathing down their necks.’
Sexologist Amanda Lambrose said choking, or breath play is increasingly common in the bedroom.
‘At least 25 per cent of the BDSM community (would engage in consensual strangulation or suffocation regularly) or 10 per cent of all WA couples, and it’s probably much more common than that,’ she told the West Australian’s Inside Cover.
Sexologist Amanda Lambrose said at least 25 per cent of the BDSM community would engage in consensual strangulation or suffocation regularly. (Pictured stock image)
Sexologist Amanda Lambrose said choking, or breath play is increasingly common in the bedroom
She said the changes run the risk of ‘allowing politics back into the bedroom.’
However WA Family and Domestic Violence Prevention Minister Simone McGurk believes there was unlikely to be any issue unless there is a real threat to someone’s life.
‘A complaint is unlikely to arise where the sexual activity is truly consensual, however, in the event a complaint is made, a decision will be made by investigating police as to whether to lay a charge and by prosecutors as to whether prosecution is in the public interest,’ she said.
WA Premier Mark McGowan is seeking to adds a clause to the bill around ‘suffocation and strangulation’, as its typically seen as a precursor to more serious acts of domestic violence.