This commentary begins by describing the author’s research and expert witness practice serving sex and gender minorities, especially practitioners of BDSM/kinky sex. Then, it reviews the three most common reasons that BDSM is legally prosecuted. First, consent: was this assault, rape, and/or kidnapping, or was it consensual kinky sex that either got out of hand or is now being strategically employed to punish the other partner? Second, age play: was this adult trying to have sex with children or was he (and it is virtually always men) intending to age play with an adult who is pretending to be an adolescent? Third, death by kinky sex: was this a person who murdered their lover or was this an accidental death? Finally, this article concludes with recommendations for kinksters who wish to assure consent and safe play, and for litigators involved in the prosecution of kinky sex.

这篇评论首先描述了作者为性和性别少数群体服务的研究和专家证人实践，尤其是 BDSM/淫性行为的从业者。然后，它回顾了 BDSM 受到法律起诉的三个最常见的原因。首先，同意：这是攻击、强奸和/或绑架，还是双方同意的淫乱性行为，要么失控，要么现在被战略性地用来惩罚另一方？第二，年龄游戏：这个成年人是想和孩子发生性关系，还是他（而且几乎总是男人）打算和一个假装青少年的成年人一起玩年龄游戏？第三，性交致死：这是一个谋杀他们爱人的人还是意外死亡？最后，本文最后为希望确保同意和安全游戏的扭蛋者提出建议，