# What sexual acts between consenting adults should be illegal?

**URL:** <https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731>\
**Category:** Great Debates\
**Created:** [May 14, 2016, 12:21am UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731 "2016-05-14T00:21:20Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [May 14, 2016, 2:25pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/21 "2016-05-14T14:25:20Z")

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1. In public
2. Between a superior and a subordinate
3. Between people whom there is a relationship of advice, like Doctors, lawyers, accountants
4. In the missionary position…

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**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\
**Post date:** [May 14, 2016, 2:42pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/22 "2016-05-14T14:42:35Z")

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The “sex act” itself shouldn’t be illegal … however … “It was an act of sex” shouldn’t be used as a defense for any other crime. If the partner’s Rolex winds up in the others pocket, well that’s robbery, not sex.

That’s not the best example, but you get the idea …

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**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [May 14, 2016, 3:22pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/23 "2016-05-14T15:22:12Z")

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> [@Left\_Hand\_of\_Dorkness](#):
>
> You may not have ever learned the slightest thing about the physician-assisted suicide movement, in which case it’ll be news to you that most folks who support it believe there should be limits on it: physicians should assist folks in suicide only when the person is suffering a terminal illness and is in severe suffering, for example. I’m unaware of any leftist (not saying they don’t exist, just that they’re extremely rare) who supports any suicide at any time.

Me, but I’ve been clinically depressed my whole life and think that suicide should be my right. Laws that prosecute people because they are so miserable and hopeless that they want to take their own life are stupid.

HOWEVER, assisted suicide is something that should only be done by a doctor, not a sexual partner. Killing someone is too much of a burden to be placed on someone who is not a professional and hasn’t the training or support (ethics, pain management, and their own support network to deal with their own emotional state).

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**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\
**Post date:** [May 14, 2016, 3:36pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/24 "2016-05-14T15:36:10Z")

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> [@Left\_Hand\_of\_Dorkness](#):
>
> That makes sense. (To be clear, I’m talking to jsgoddess, not the previous poster). Certainly there are people who support access to suicide for folks who aren’t mentally ill. **octopus** seems to be saying that the left is all, “You want to commit suicide? No problem, we won’t ask why, here’s some drugs, buhbye!” That’s the position that I’m not familiar with leftists having.

Perhaps I used too broad of a brush. But I do believe that one of the profound differences between the left and the right, at least the religious right, is the position held on the idea of assisted suicide or euthanasia.

With regards to sexual acts. If it’s overly judgmental and out of bounds for society to dictate and enforce standards of behavior for acts that can knowingly cause severe harm how does one argue to draw the line at a point he finds personally distasteful in a logically consistent manner? For example, is it currently illegal to knowingly have unprotected sex with someone with AIDS?

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**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\
**Post date:** [May 14, 2016, 3:37pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/25 "2016-05-14T15:37:10Z")

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> [@AK84](#):
>
> 1. In public
> 2. Between a superior and a subordinate
> 3. Between people whom there is a relationship of advice, like Doctors, lawyers, accountants
> 4. In the missionary position…

What’s wrong with all those?

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [May 14, 2016, 4:02pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/26 "2016-05-14T16:02:58Z")

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Any sexual act that involves [Dennis Rodman](http://video.newsserve.net/v/20140331/518178846-Dennis-Rodman-Plays-Exhibition-Game-Dressed-as-Drag.jpg).

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**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\
**Post date:** [May 14, 2016, 4:12pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/27 "2016-05-14T16:12:18Z")

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> [@octopus](#):
>
> With regards to sexual acts. If it’s overly judgmental and out of bounds for society to dictate and enforce standards of behavior for acts that can knowingly cause severe harm how does one argue to draw the line at a point he finds personally distasteful in a logically consistent manner? For example, is it currently illegal to knowingly have unprotected sex with someone with AIDS?

Not sure whether I’m understanding you. Are you saying that knowingly having unprotected sex with a person with AIDS is “personally distasteful” to you, and therefore should be illegal?

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**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\
**Post date:** [May 14, 2016, 4:18pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/28 "2016-05-14T16:18:42Z")

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> [@panache45](#):
>
> Not sure whether I’m understanding you. Are you saying that knowingly having unprotected sex with a person with AIDS is “personally distasteful” to you, and therefore should be illegal?

No. I’m wondering how one can justify taking a stance to make illegal a sexual act that results in permanent harm to a consensual participant. What set of principles gives society that right?

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [May 14, 2016, 4:38pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/29 "2016-05-14T16:38:21Z")

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> [@octopus](#):
>
> No. I’m wondering how one can justify taking a stance to make illegal a sexual act that results in permanent harm to a consensual participant. What set of principles gives society that right?

You aren’t allowed to seriously harm other people in general. Exceptions are made in certain regulated activities, surgeons can cut open a person with a scalpel and boxers can engage in a dangerous sport as examples. Those are all regulated activities which would be crimes if performed outside the regulations. Communication of disease between consenting parties is not one of those things as far as I know though.

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**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\
**Post date:** [May 14, 2016, 4:48pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/30 "2016-05-14T16:48:56Z")

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> [@Fiveyearlurker](#):
>
> That thing where two guys [ate one of the guys penis](https://en.wikipedia.org/wiki/Armin_Meiwes) (and then some of the rest of him as well after killing him) should be out.

> [@Guinastasia](#):
>
> IIRC, there’s someone on the Dope who knew the victim.

A link to the column is in the spoiler box[Here’s a link to the column](http://boards.straightdope.com/sdmb/showthread.php?t=174724)

And just in case you’re a total idiot, this column started by a Doper who knew the man who was voluntarily cannibalized is extremely TMI disturbing make-you-barf reading. So be warned.

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**Author:** ![DaphneBlack](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/daphneblack/32/5389_2.png) [@DaphneBlack](https://boards.straightdope.com/u/DaphneBlack)\
**Post date:** [May 14, 2016, 4:57pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/31 "2016-05-14T16:57:21Z")

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Any sex act that is done in such a way as to involve others as unwilling participants (i.e. public sex) is a major one.

Incest is extremely taboo, and should probably be societally discouraged/stigmatized, but I’m not sure that it being punishable by prison makes any sense at all.

I’m conflicted about superior/subordinate and doctor/lawyer-patient/client type things. The potential for coercion is there, but I think that if the relationship starts this way but then the superior moves laterally or refers the patient/client (with alacrity), again, I don’t see that as a criminal problem.

If a mentally handicapped person is competent enough to get/use contraception, I think they should be considered competent to consent to sex.

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**Author:** ![Emiliana](https://avatars.discourse-cdn.com/v4/letter/e/f0a364/32.png) [@Emiliana](https://boards.straightdope.com/u/Emiliana)\
**Post date:** [May 14, 2016, 5:31pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/32 "2016-05-14T17:31:47Z")

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> [@Commodore](#):
>
> Hi this my first post, I am a Aussie, our Abos had laws before Cook came hear and the law was all about the health and survival of the tribes first and foremost and anything that threatened that was dealt with.  
> No playing up sexually at all or it was death and the tribe picked who was going to breed with who for life.  
> They could not support a inbreed and such a one would never survive not to mention such a one would be rejected as just totally useless.
> 
> The Hebrews had Laws to protect the tribe as well and dealt with things somewhat in the same way.
> 
> All nations fail who are degenerates and that’s a proven fact of history and once a idol or such as the degenerates rule it’s just like a cancer.😉

Oh dear me, this is quite the first post. Uh, welcome? Placing the group ahead of the interests of the individuals that comprise it is indeed a characteristic of traditional societies whose survival is threatened. Of course, the interests of the group so often corresponded to the interests of the most powerful members of the group, generally the older men. Since the interests of people like me–that would be female–were so often the first to be sacrificed, let me say a hearty fuck no to your idea of a well constructed society. By the way, the degenerate nations seem to be doing rather well.

On to saner matters. Among consenting adults, I don’t think sex is the business of the state. I’m willing to concede that penis-eating might be an exception. There may be a general societal interest in a healthy gene pool, but we don’t prevent people who probably shouldn’t reproduce from doing so and I don’t see how the case of close relatives would be different. Yucky, perhaps, but many things are yucky that shouldn’t be illegal.

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**Author:** ![Small\_Hen](https://avatars.discourse-cdn.com/v4/letter/s/ad7895/32.png) [@Small\_Hen](https://boards.straightdope.com/u/Small_Hen)\
**Post date:** [May 14, 2016, 9:48pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/33 "2016-05-14T21:48:16Z")

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> [@RivkahChaya](#):
>
> A lot of people object to children being born to close relatives, and can’t fathom a relation where children aren’t an eventual goal.

There are also people (like myself) who don’t support an incest relationship between two people when person A had authority over person B when person B was a child. Mother/son, uncle/niece, or even a significantly older sibling/younger sibling (for the sake of argument, lets say 8 years age difference). Too much room for grooming abuse.

I wonder what is the the most violent thing to which a person can legally consent? I wonder if I really want to know.

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [May 14, 2016, 10:41pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/34 "2016-05-14T22:41:05Z")

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“My safe word is ‘Ow.’”

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**Author:** ![Sitnam](https://avatars.discourse-cdn.com/v4/letter/s/6a8cbe/32.png) [@Sitnam](https://boards.straightdope.com/u/Sitnam)\
**Post date:** [May 14, 2016, 11:27pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/35 "2016-05-14T23:27:46Z")

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At first glance I thought the answer was clearly, “none, two consenting adults can do whatever they want”, but on reflection I guess there could be situations where that shouldn’t be the case. Some people are born not wanting certain limbs attached to them, to have them removed they must go through a lengthy psychiatric evaluation. I guess two consenting adults could agree to do some pretty messed up permanently harmful activities where their mental faculties would immediately be called into question and the performers may not be allowed ‘we both consented’ as a defense.

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**Author:** ![Flyer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/flyer/32/7298_2.png) [@Flyer](https://boards.straightdope.com/u/Flyer)\
**Post date:** [May 14, 2016, 11:52pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/36 "2016-05-14T23:52:45Z")

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> [@Sitnam](#):
>
> At first glance I thought the answer was clearly, “none, two consenting adults can do whatever they want”, but on reflection I guess there could be situations where that shouldn’t be the case. Some people are born not wanting certain limbs attached to them, to have them removed they must go through a lengthy psychiatric evaluation. I guess two consenting adults could agree to do some pretty messed up permanently harmful activities where their mental faculties would immediately be called into question and the performers may not be allowed ‘we both consented’ as a defense.

How about this?  
Anything done in private that does not result in permanent damage should be legal.

* * *

Speaking about incest specifically, I think that it should be legal. However, I would be willing to go along with a legal requirement that if children are a possibility from the union, they should either get tested for bad genes, OR one of the two should be sterilized.

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**Author:** ![spamforbrains](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@spamforbrains](https://boards.straightdope.com/u/spamforbrains)\
**Post date:** [May 14, 2016, 11:58pm UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/37 "2016-05-14T23:58:32Z")

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> [@](#):
>
> Between a superior and a subordinate  
> 3) Between people whom there is a relationship of advice, like Doctors, lawyers, accountants

These aren’t actually illegal; they are just considered to be extremely unprofessional. The people won’t be arrested but they may be sanctioned or fired by their employer or professional regulating organization.

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [May 15, 2016, 12:03am UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/38 "2016-05-15T00:03:48Z")

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> [@Flyer](#):
>
> How about this?  
> Anything done in private that does not result in permanent damage should be legal. . . .

This may be way too nitpicky, but you can do some awful, awful harm to people that isn’t actually permanent…and, on the other hand, what about minor permanent harm, such as scarring, branding, cutting, etc.?

I agree with the principle, I think, but there’s some fuzz around the boundaries of the Venn Diagram.

ETA: Another scary example: Risky behavior, such as near-suffocation. I don’t actually want to ban it, but…if it goes wrong, should it be punishable? Could a wrongful death lawsuit follow? Some things are legal, but still legally actionable.

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**Author:** ![Commodore](https://avatars.discourse-cdn.com/v4/letter/c/b2d939/32.png) [@Commodore](https://boards.straightdope.com/u/Commodore)\
**Post date:** [May 15, 2016, 12:29am UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/39 "2016-05-15T00:29:28Z")

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> [@Emiliana](#):
>
> Oh dear me, this is quite the first post. Uh, welcome? Placing the group ahead of the interests of the individuals that comprise it is indeed a characteristic of traditional societies whose survival is threatened. Of course, the interests of the group so often corresponded to the interests of the most powerful members of the group, generally the older men. Since the interests of people like me–that would be female–were so often the first to be sacrificed, let me say a hearty fuck no to your idea of a well constructed society. By the way, the degenerate nations seem to be doing rather well.
> 
> On to saner matters. Among consenting adults, I don’t think sex is the business of the state. I’m willing to concede that penis-eating might be an exception. There may be a general societal interest in a healthy gene pool, but we don’t prevent people who probably shouldn’t reproduce from doing so and I don’t see how the case of close relatives would be different. Yucky, perhaps, but many things are yucky that shouldn’t be illegal.

Health is the business of the State both mind and body and if it was not, we would all be in a mess.  
Degenerates are harmful to a nation, you don’t want your children educated or to make a safe State where people are up right and honest diligent and respectful.

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [May 15, 2016, 1:28am UTC](https://boards.straightdope.com/t/what-sexual-acts-between-consenting-adults-should-be-illegal/754731/40 "2016-05-15T01:28:06Z")

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> [@Flyer](#):
>
> I would be willing to go along with a legal requirement that if children are a possibility from the union, they should either get tested for bad genes, OR one of the two should be sterilized.

What about a couple that might have a Down’s Syndrome or autistic child?

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