§ Baroness Walmsleyasked Her Majesty's Government:
Whether current legislation regarding sexual offences and offences against the person which criminalises sado-masochistic activity when that activity results in no lasting harm or injury is contrary to the Human Rights Act 1998. [HL3598]
§ The Minister of State, Home Office (Baroness Scotland of Asthal)The relevant issue in respect of sexual offences legislation and sado-masochistic activity is consent to the sexual activity. The fact that the sexual activity was sado-masochistic activity would not criminalise otherwise lawful consensual sexual activity. The question of convention rights therefore does not arise. As regards offences against the person, the issue is whether it should be possible to engage in or give consent to violent activity which causes some injury or harm. The Government do not believe that the legislation on offences against the person is incompatible with the convention rights in this respect.