Iceland BDSM group condemns Court of Appeal acquittal

The board of BDSM Iceland has condemned a Court of Appeal ruling that acquitted a man in a sexual assault case, saying it is unacceptable to use BDSM to justify serious violence and physical injury, mbl.is reported.

The Court of Appeal overturned a Reykjavík District Court sentence of five years in prison and an order to pay the woman 2.5 million Icelandic krónur in compensation. The appeals ruling was reported last week.

The case concerned events at the man’s home in Reykjavík on the morning of April 10, 2023. Prosecutors accused him of using violence and unlawful coercion to engage in sexual acts other than intercourse with the woman without her consent.

The indictment said he repeatedly struck her in the face, choked her, put a pillow over her face, making it difficult for her to breathe, and pressed his knee against her upper chest. The injuries described included broken ribs, hearing loss and injuries to her head, neck and back.

The man said they had agreed to have BDSM sex. He acknowledged using some violence during their sexual activity but said it was with her full consent.

BDSM Iceland said consent must be freely given and informed, and apply only to the acts and limits agreed to by the participants. It said consent can always be withdrawn and rejected interpretations that shift responsibility for violence onto the person subjected to it.

The group also expressed full support for Stígamót’s criticism of the ruling. Its statement said it would send a “terrible message” if people could be considered to have given up their rights to life and health simply because BDSM had been mentioned. The board said it stood with survivors of sexual and gender-based violence.