Punishment in Paraphilia

The Paraphilian Pastime
Punishment in a land like Paraphilia is an act of many faces. On the one hand, disciplinary games are considered one of the nation's greatest pastimes. Acts such as flogging, paddling and shaming are useful in maintaining a balance of power, particularly for nobles with lords to keep in line, but these are also common hobbies, with a few doubling as competitive sports. On the other hand, Paraphilia is itself a country full of people, and people are by design unable to behave without the threat of reprisal. Crimes of a certain magnitude require response--preferably one that the accused won't enjoy.

The distinction between pleasure and pain can be somewhat gray, but the divide between amusement and genuine consequence is distinct enough that most know which side they would prefer to be on. Those who do not know find out very quickly, or else find the answer at the end of something unpleasant.

Punishment as Entertainment
According to the Crown Census, the most widespread practice in the Kingdom of Paraphilia is BDSM, with nearly fifty percent of the population taking part in one facet of the lifestyle or another. That number accounts for only those actively participating and self-identifying; unaccounted for are the countless others either unknowingly embracing the culture or concealing their private interests. In one way or another, most every citizen in the country is exposed to some part of this culture.

Punishment as Hierarchy
The concepts of control and obedience are so much a part of modern Paraphilian culture

Punishment as Consequence
Even in Paraphilia, a crime must be punished. The only trouble is that punishment itself is a fetish, making the act of dissuading criminals from breaking the laws a bit tricky. While acts such as flogging, paddling, shaming and the like are useful for maintaining a balance of power, they are also common pastimes, with a few even doubling as competitive sports. The widespread enjoyment of such practices makes it necessary to utilize other, less enjoyable methods of punishment to keep criminals from re-offending, just for a rewarding thrill.

As a result, the Office of the Inquisitor General formulated a standardized set of punishments for the most common crimes, known as the Tome of Discipline. These punishments are designed to suit the crime, the severity implemented based on the nature of the offending act. Most options are listed with alternatives, for use in the event the criminal is a special sort of kink.

Standard Crimes
The most common crimes (and consequences) are as follows:

Theft (minor and without violence): Larceny (major and without violence):  Indecent exposure (varies by province; unenforced in nudist settlements): Assault (without intent to kill): Vandalism:
 * 1) (First offense) Chaining of the hands behind the back, with or without the fingers bound, for a period equal to the value of the item stolen. First offense not to exceed one week.
 * 2) (Second offense) The same, for a period of one month.
 * 3) (Third offense, onward) Chaining may become permanent. May also involve imprisonment for a period determined by the ruling judge, based on criminal history.
 * 1) (First offense) Cutting the thumb from the off-hand, which may then be presented to the victim at their choice. All prosthetic digits purchased shall have the word 'thief' engraved or visibly carved into them.
 * 2) (Second offense) The same, except applied to the dominant hand.
 * 3) (Third offense) Removal of the entire main hand, and banishment. A prosthetic is mounted in place, engraved with the phrase 'do not leave in the presence of valuables;' it cannot be removed.
 * 1) (General; intentional and obnoxious or inappropriate) All-concealing, unflattering chastity clothing is chained onto the body, allowing baring only for bodily functions. Duration depends on the situation. Criminal is charged with maintaining clothing condition, with damaged clothing leading to less comfortable and more unattractive attire.
 * 2) (Severe; child present) The same, with the addition of a chastity belt, left visible at all times. Duration depends on the number or severity of offenses. Further child-involving offenses may leave the belt permanent.
 * 1) (General) Chaining of the convicted to a post or Cross, after which the victim is permitted to strike them, supervised by local law enforcement. Continues until physical harm done is equal or greater.
 * 2) (Offense against a child or woman) The same, but a parent, partner or family member is permitted to act in their stead. If the offender is the victim's parent, partner or family member, an Inquisitor acts on behalf of the victim.
 * 3) (Cases of prolonged or repeated battering) The same, but an Inquisitor gives the beating.
 * (Minor or petty) Repayment or repair of the damage by the convicted, or, the option of retribution by the victim, who is permitted to destroy property of equal value belonging to the accused. Further interaction is forbidden.
 * (Major) Repayment of all value of the damage, up to and including all property belonging to the accused being rendered to the victim. Convicted is then forced to move cities.
 * (Major, by a nobleman's servant) Indenturing of the convicted to the accused, until the damage is worked off or otherwise repaid. May involve repayment of the value by their lord. Convicted is then forced to move cities.
 * (Between nobles, with proven intent) Value is repaid by each side, involved servants dismissed from service. Order of no contact issued for a period of one year.

Black Crimes
The most heinous of crimes, specifically those demanding immediate response, are answered more strictly. Some of the punishments are of a more traditional sort, in that they often involve either execution or banishment. The less-traditional part comes in the method, each designed to be miserable at least and nightmarish at worst. Only the most terrible offenses are answered in this way.

Murder: An important note is that a murder carried out in self-defense, or in defense of a loved one, is rarely punished by execution. The latter only applies if the person in question is unable to act in their own defense, such as with a child or someone badly injured.
 * (By a peasant): Imprisonment, starvation, and hanging, followed by display and burial with the crime and victim engraved on the headstone.
 * (By a noble): Imprisonment and hanging, followed by display. Blood debt is paid by the culprit's family. Remains are returned to the House upon request, otherwise treated as above.
 * (By neglect or imprisonment): Pillory (stocks) or display (hanging cage) until the convicted starves.
 * (Multiple, or extreme cruelty): Lashing to the breaking wheel to have all limbs broken, then public display until the convicted dies of exposure or organ failure.
 * (Combined with rape): Mounting pelvis-down on a spiked horse or iron pyramid, with weights strung from the feet, and displayed until death, no matter how slow. Remains are cast over the Wall.

Likewise, a murder that results from a legal duel is seen as consenting, as both parties understand the inherent possibility of death. The latter depends entirely on the ruling judge and the established laws of dueling in the province.

Pedophilia:  Underage sex between people who share no relation is not considered a crime, so long as it is provably consenting. As sex is considered a healthy interest, cases of children willingly experimenting are not usually prosecuted. Charges can be filed by the children's parents, but this is almost specifically reserved for cases of accused rape. If consent can be proven, no punishment is given. In cases where consent is uncertain but not openly claimed as an act of rape, those involved are legally separated and barred from communication until they are of age.
 * (Non-penetrative molestation) Severing of the main two fingers and thumb of the main hand.
 * (Single instance) Severing of the main hand, which is then presented to the parents of the child-victim. The convicted is banished to Obscenity.
 * (Multiple instances) Severing of both hands, the digits divided between victims. The convicted is banished to Obscenity.
 * (Parental incest) The same as above, with the option of a beating rendered by the victim or in the victim's name beforehand. The convicted is banished to Obscenity. Victim becomes a ward of the state until such a time as proper care can be proven or provided.
 * (Sibling incest, consensual or otherwise) The same, limited to the off-hand. Depending on proven consent, the convicted is banished from Paraphilia altogether (consented) or "marked" and banished to Obscenity (rape).

Incest itself is only considered a punishable crime if one of the participants are underage. If committed against an unwilling person of legal age, the act of sex with a relative is classified as rape and punished as such.

If an act of incestuous pedophilia is committed by two persons beneath legal age, such as in cases of sibling incest, a lesser punishment is leveled on the elder of the two, to be determined by the Office of the Inquisitor General. An adult (or parent) found to have encouraged or forced the behavior may be punished in their stead, at which point the children legally separated until appropriate guardianship can be determined. If both participants were coerced by another or an adult, neither are punished.

Rape: (To be completed)
 * (War-related) The loss of military titles and holdings, fines paid to the Crown for poor representation of duty, and general banishment from Paraphilia.
 * (General) Breaking of the main arm, at which point the accused is stripped of all clothing, marked with the word "rapist" across the brow, and banished to Obscenity.
 * (Aggravated) The above, but the main arm and opposite leg are broken. Depending on circumstances, an Inquisitor may administer a manual beating beforehand.
 * (Multiple confirmed instances) Breaking of both the arms and legs, followed by prolonged exposure and marking, after which the culprit is escorted into Obscenity and left in a pre-determined location, where the most harm might be suffered by them. Considered a form of execution.

Difficult Cases
In those instances where the crime is uniquely strange, unprecedented, or repugnant, or when the criminal particularly difficult, a Royal Inquisitor is charged with designing a torture just for them. As the office itself requires a deep understanding of a person's limits, these punishments tend to be significantly unpleasant, catering to whatever hard-limits, fears or insecurities the offender carries.

Disciplinary measures of this magnitude are public events, attended by those of all rank and value, eager to watch a professional work, and an evil-doer suffer. They are popular enough that reservations are often required to gain prime seating.