THE SEXUAL FREEDOM COALITION

Rt Hon Charles Kennedy
House of Commons
London SW1

Dear Mr Kennedy,

CRIMINAL JUSTICE AND IMMIGRATION BILL : PROPOSALS ON THE POSSESSION OF EXTREME PORNOGRAPHIC IMAGES

I am writing to comment on the proposals in the Criminal Justice and Immigration Bill to criminalise the Possession of extreme pornographic images.

Once again, the government is attempting to restrict the sexual freedom of consenting adults through unnecessary and badly drafted laws.

I write as the director of a charity, The Outsiders Trust, the purpose of which is to help physically disabled people to enjoy sex just like anybody else. I therefore speak as someone with a considerable amount of experience on the subject of how physical disability can restrict individual’s sex lives.

Section 64 on the possession of extreme pornographic images would criminalise the downloading and possession of some images of BDSM sex (Bondage, Domination, Sadism & Masochism. Disabled people have a hard enough time enjoying more conventional sexual lives, but fetishistic sex can be even more out of reach, both because of the rejection and prejudice they face in society generally, and because of often limited access to appropriate venues. Because of this, disabled people often need to rely on the internet and films for their satisfaction and mental and physical well-being. These proposals will therefore have a disproportionate impact on many people with a physical disability, by adding yet another barrier.

I was therefore also extremely disappointed that the needs of people with a disability have been overlooked in the context of these proposals – there is no mention of the disproportionate impact it will have on them, either in the Explanatory Memoranda or the Rapid Evidence Assessment.

I would also suggest that we have quite enough laws and efforts need to be made to reduce the number (especially as many laws about sexual behaviour are contradictory) and to simplify the laws, so that ordinary people know where they stand. Because the boundaries of what will and will not be illegal under this proposal will need to be tested in the courts, this Bill, if it became law, could criminalise enthusiasts without them even knowing they were breaking any law, which is unfair. These people are harming no-one and risk losing their careers and having their lives ruined - possibly being sent to prisons which are already overcrowded.

The Home Office admits that there is no reliable evidence that the possession or availability of violent pornography causes any harm.

It says the proposal is being made because ‘We believe the material which is under consideration would be abhorrent to most people and has no place in our society’. This could have been said about images of mixed-race couples in the southern states of the USA under racial segregation. It is a principle of bigoted intolerance.

I therefore ask you to do everything in your power to ensure that Section 64 criminalising the possession of “extreme pornography” be deleted from this Bill.

Dr Tuppy Owens
The Outsiders Trust
Charity Nos 283350 and SC038301