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Rough sex & a safeword means court (7)

This post is on the BDSM Activism web board.

Wed 16 Dec 09, 12:02 AM
Silent_Storm
UK(M), 6 yrs


Interesting article about consent, its in the U.S.

A classic BDSM legal trap.

http://www.thedailybeast.com/blogs-and-stories/2...

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Edited Wed 16 Dec 09, 12:09 AM by Silent_Storm

16 Dec 09, 12:09 AM
bohnanza
UK(FK), 12 yrs

In other words it means bugger all for the law here.

Science, the only religion that works even if you don't believe in it.
Women wanted, preferably with their own Rohypnol.

16 Dec 09, 12:34 AM
Sorceror
UK(HU), 8 yrs
Not really. In the UK any action that results (with the required mental element) in more than merely trifling harm is punishable by imprisonment REGARDLESS of whether the other person consented. The legal issues would be similar here. By the way here consent would have to be before AND during.

Of course in reality if neither party goes to the police the police in the vast majority of cases will know nothing and care less. It does raise the importance for both subs and Dom(me)s of picking their play/ sexual partners carefully.

S.x.

Really annoying grammatical error changed

Edited 21 Jan 10, 11:30 PM by Sorceror

16 Dec 09, 1:18 AM
Thistle
US, 4 yrs
Whatever else it is, it may be a good illustration of the danger of relying upon safewords.

the reporter wrote:
<snip>According to the police report, there were hand-shaped bruises across her face and a “severe pain” all over her body, that she faded in and out of consciousness, and that she awoke to find him binding her arms with his belt.<snip>

<snip>She claims that after the incident, when Jetton left her apartment, he kissed her on the cheek and said, “You should have said 'green balloons.'”<snip>

The above could be interpreted that the woman was in subspace and therefore wasn't communicating distress or using her safeword. If Jetton's parting comment is an accurate quote, then he clearly knew he'd pushed her too far, but was rules lawyering the safeword construct.

love the brave but avoid cowards, knowing the gratitude of cowards is small ~Praxilla of Sicyon

16 Dec 09, 1:24 AM
Romola
UK, 7 yrs

So, he's being held responsible for ensuring the partner is capable of using the claimed safeword before he uses it as a catch all defence? Good.

It's only a weblog :-)

20 Dec 09, 2:45 PM
subbietrouble
2 yrs
"I am a violation top,” says Steven in his soft-spoken voice. That's someone who works at bringing a bottom past their personal point of comfort or willingness, and compelling them to dwell there. As a lawyer, he's created his own set of rules, which he says keeps him safely within the law when engaging in BDSM. “Consent is essential, but it's also tricky when viewing it through a time table. One can give consent before, during, and after a scene, but the levels of consent between these three can shift and vary. I have constructed a sort of ethical tally of time-states in relation to the act: before, during, and after; in order to live with myself, I require two to be present:

“Consent during and after but not before the act is seduction.”

“Before and after, but not during the act…That's my sweet spot.”"

I find this worrying - surely consent during the act is as important, if not more important, than consent both before and after? How can a sub withdraw consent during an act and the Dom not stop?

trouble xxx

20 Dec 09, 3:06 PM
ClassAct2005
UK(N), 7 yrs
S is right.

Sadly it is dead easy for people to make up lack of consent or even make things up , look at that poor doctor all over the papers today who was the victim of a woman who was a serial inventor of "my doctor assaulted me stories and now I'll sue him for damages".

Sorceror wrote:
Not really. In the UK any action that results (with the required mental element) in more than merely trifling harm is punishable by imprisonment REGARDLESS of whether the other person consented. The legal issues would be similar here. By the way here consent would have to be before AND during.

Of course in reality if neither party goes to the police the police in the vast majority of cases will no nothing and care less. It does raise the importance for both subs and Dom(me)s of picking their play/ sexual partners carefully.

S.x.

20 Dec 09, 3:15 PM
Flogher
UK(RM), 9 yrs

The whole article is very interesting:

http://www.thedailybeast.com/blogs-and-stories/2...

See above for the full version.

Seem it is not only the UK where the laws are muddled and grey.

Flogher - I cane, I whip, I cuddle
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