EP#158 | The Legality of BDSM & Bodily Harm

In episode 158 of Not On Record, Joseph and Diana delve into the complex legal landscape surrounding BDSM and bodily harm, spotlighting a recent case, R. v. Pearson (2025 ONSC 435), from the Ontario Superior Court. The episode begins by revisiting the recurring theme of consent and legality in BDSM practices, spurred by the mainstream influence of works like Fifty Shades of Grey. They outline five key legal takeaways: advanced consent via contracts is not legally binding, consent to bodily harm is invalid, agreements like "no means yes" are impermissible, participants must know who is involved to consent, and judges ultimately determine consent boundaries—often with a conservative bent. The discussion pivots to the Pearson case, where extreme BDSM acts like caning, stapling, and choking were examined, alongside a contested incident involving a baseball bat. The hosts highlight how defense lawyer Jordan Gold effectively leveraged expert testimony to challenge existing laws, prompting a judicial postscript urging reconsideration of whether BDSM-related bodily harm should remain categorically non-consentable.