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  • Cypher@aussie.zone
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    2 days ago

    Though not broadly different from other State and Territory laws the legal firms advice that is linked in the article relates to NSW law and does not indicate that all sexual strangulation is unlawful.

    Your claim, and the articles claim, regarding the legality of sexual strangulation is untrue on the grounds that sexual strangulation may be performed in a way that is consensual, does not result in harm, loss of consciousness or death.

    It is not explicitly illegal according to Federal, State or Territory law.

    • Zarobi@aussie.zone
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      2 days ago

      Here’s another one:

      While the sexual practice was often consensual, Douglas said: “You can’t consent to death or really serious harm under Australian law … there’s that line that is very clearly drawn in strangulation law – and assault law more generally.”

      Theoretically, if the stranglee never gets injured, and they don’t tell anyone, then you might not get in trouble. However, since it has such a high injury rate, if they end up in hospital, you might face criminal charges. Even if they have a therapist and say that they are choked during sex, then it’s a mandatory reporting thing at that level too. Just don’t choke people lol it’s extremely dangerous and legally risky

      • Cypher@aussie.zone
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        2 days ago

        Just don’t choke people lol it’s extremely dangerous and legally risky

        Advocating for abstinence is a losing strategy as noted in the article.

        I’m not interested in sexual choking, though I do choke people out occasionally in martial arts training, I was interested only in the claim regarding legality.