http://news.bbc.co.uk/1/hi/scotland/8092157.stm
'The laws were passed by 121 votes to zero, although Green MSP Patrick Harvie abstained. '
https://www.heraldscotland.com/default_content/12382863.msp-drops-law-change-plea-sex-games/
'MSPs today heard a plea for the fear of prosecution for assault to be lifted from those taking part in consensual bondage, sado-masochism, and similar practices.
The plea came from Green MSP Patrick Harvie who told a Holyrood committee the present law was an "anomaly".
But he dropped a bid to change the law after Justice Minister Kenny MacAskill and other MSPs said lifting the threat of prosecution could provide a loophole for those charged with domestic abuse and sex crimes.
Mr Harvie made his plea when the Justice Committee today scrutinised the Sexual Offences (Scotland) Bill.
If passed, the Bill will radically overhaul existing law on rape and other sex crimes, and will redefine consent as "free agreement".
Mr Harvie tabled an amendment to the Bill under which the crime of assault would not be committed if consensual acts between those over 16 were carried out for "sexual gratification", if both participants agreed and where serious injury was unlikely.
He said he was tabling the amendment to trigger debate and to enable Mr MacAskill to explain why a change recommended by the Scottish Law Commission was not included in the Bill.
Mr Harvie told MSPs the practices covered by his amendment were known as "BDSM activity", a term which includes bondage, sadism, masochism, dominance and submission.
He accepted the Government feared such a provision could be misused by those accused of domestic abuse.
He argued that if the Government believed BDSM activity between consenting adults was a criminal offence, that was an anomaly.
"All other matters being equal, these situations should not be seen as a priority for prosecution," he said.
"In situations where consent is uncontested, where all the people involved agree there was free and informed consent between them, these should surely not be treated as assaults worthy of prosecution and punishment."
The present law could cause harm of the type once suffered by gay men, said Mr Harvie.
"Many ordinary people who simply have a different kind of sex life to other people can lose their jobs, their homes and their family as a result of public disapproval."'