BDSM, Consent And Criminal Law In Spain: Bioethical Dilemmas And Regulatory Proposals

Beschreibung

This article analyzes BDSM as a consensual sexual practice situated at the intersection of Spanish criminal law and bioethics. Drawing on a theoretical framework centred on consent, autonomy, and human dignity, it examines the relevant statutory provisions (arts. 147–150 and 155 of the Código Penal [Spanish Criminal Code]), the leading case law (STS 1049/2002 of the Tribunal Supremo [Spanish Supreme Court]), and the constitutional limits deriving from public order under the Constitución Española [Spanish Constitution]. From a pragmatist consequentialist standpoint, the article proposes a set of minimal regulatory criteria—harm thresholds, verifiable and revocable consent, and evidentiary safeguards—designed to reconcile sexual freedom with the protection of bodily integrity, reduce legal uncertainty, and avoid incentives for clandestine practices. Keywords : consent; autonomy; human dignity; bodily injury; criminal law; bioethics.