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laws and bdsm - 4/25/2004 5:49:01 AM   
truckin2some


Posts: 9
Joined: 4/23/2004
Status: offline 		Does anyone know if, in a marriage, the wife would be protected against physical abuse charges, if, in a consensual relationship, she practices BDSM on her husband, and leaves welts and or bruises on his rear end? Say, if husband were to get in an auto accident, or somehow come into contact with authorities who discovered he was "marked up". We have a written agreement that I have signed and given to her, clearly stating the consensual nature of our practice. This came up as a matter of conversation between us, it's not a major concern, but we are wondering, and Wife doesn't want to go to jail for beating my ass...
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RE: laws and bdsm - 4/25/2004 7:22:56 AM   
iwillserveu


Posts: 1641
Joined: 1/1/2004
Status: offline 		Frankly it will vary from state to state. Though no sane D.A. will press charges, one with an axe to grind may. ("Vote for Rogers and he'll put those preverts away") Probably the judge will throw it out or a jury will not convict etc. but the ride to the police station and the pictures of the welted ass in question your honor might be enough to give pause.

Yes, theoretically it may be possible, but the odds are similr to being struck by lighteningwhile shark attacks you and an astr=eriod falls on crushing the winning lottery ticket. (OK, I exaggerated a little there. You caught me.)

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RE: laws and bdsm - 4/25/2004 11:09:16 AM   
GoddessMarissa


Posts: 240
Joined: 4/10/2004
From: Las Vegas NV
Status: offline 		If I know my session is going to be intense, I make them sign a waiver. As long as she does'nt report abuse it will be fine.

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RE: laws and bdsm - 4/25/2004 11:09:47 AM   
Voltare


Posts: 467
Joined: 1/1/2004
From: Santiago, Chile
Status: offline 		As said before, the laws vary state to state. In some states, oral sex is illegal, but almost never prosecuted. As a rule of thumb in most states, consensuality is NOT a defense for assault! Finding marks on a persons body, isn't evidence of assault necessarily, but it could lead to an investigation. The written contracts, etc, are a good start to head off prosecution in the first place, but for the time being, what you do in your house is not always going to be legal. Police may not be pounding on every door looking in to see if you are smoking pot or cock, but the state can and will prosecute you for assualt if they come by knowlege of it.

Just food for thought.

Stephan

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RE: laws and bdsm - 4/25/2004 2:27:27 PM   
MistressKiss


Posts: 296
Joined: 1/1/2004
Status: offline 		(laughs)...how does one smoke cock? I would love to know....

grinsssssssssss, just kidding with ya.


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"I assure you, Your Honor, I don't have to practice...I'm very good at them..."
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RE: laws and bdsm - 4/25/2004 11:12:04 PM   
ShadeDiva


Posts: 999
Joined: 3/31/2004
From: Sacramento, California
Status: offline
quote:

ORIGINAL: MistressKiss
(laughs)...how does one smoke cock? I would love to know....


Quite easily.

One simply gets a sharp cleaver, and a nice cutting board, and removes the member in a quick and somewhat violent action, severing it with one loud, soulshattering THWACK!

Then, after stopping the bleeding and bandaging up the ... er ... ah ... urm ... "donor", one takes the appendage and places it within a smoker, until it is nice and finished.

roflllllllllllllllll

I'm sorta curious how many folks are going be cringing from this post, LOL!

~ShadeDiva, who is - yes, you guessed it - giggling as she quickly hits the submit button.

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RE: laws and bdsm - 4/26/2004 3:27:40 AM   
inyouagain


Posts: 427
Joined: 1/6/2004
Status: offline
quote:

ORIGINAL: ShadeDiva
... one takes the appendage and places it within a smoker, until it is nice and finished.
(snipped, pun intended)

I've heard of those who smoke cock often referred to as *pole smokers*.

Inyouagain

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RE: laws and bdsm - 4/26/2004 3:37:31 AM   
inyouagain


Posts: 427
Joined: 1/6/2004
Status: offline 		truckin, there's a thread in The Lounge forum titled legal question, in which this topic was adressed in detail with very good comments and opinion. I think you will find it to be informative and enlightening regarding this topic.

Best wishes

Inyouagain

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RE: laws and bdsm - 4/26/2004 5:02:44 PM   
MistressKiss


Posts: 296
Joined: 1/1/2004
Status: offline 		rolls laughing....and sharpens my cleaver....grinssssssssssssssssssssssssssssssssssss


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"I assure you, Your Honor, I don't have to practice...I'm very good at them..."
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RE: laws and bdsm - 4/26/2004 5:42:19 PM   
rain


Posts: 319
Joined: 4/13/2004
Status: offline 		Are you sure your name is not Lorena Bobbitt?

~rain~

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RE: laws and bdsm - 4/26/2004 5:47:05 PM   
ShadeDiva


Posts: 999
Joined: 3/31/2004
From: Sacramento, California
Status: offline 		Yup.

It's actually Shadey Snippitt.

Or Shadey Whackitoff.

LOL

And for those lacking even a ΒΌ of an ounce of a sense of humour - I'm KIDDING.

*chortle*

~ShadeDiva

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RE: laws and bdsm - 4/27/2004 2:08:42 AM   
iwillserveu


Posts: 1641
Joined: 1/1/2004
Status: offline 		Let me add one cringer. I've been chaste for a week now, but you managed to calm my erection. um, thanks.

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When the Lady smiles i can't resist her call. As a matter of fact, i don't resist at all. Well that depends if it is a smile or a grimmace.

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RE: laws and bdsm - 4/27/2004 2:46:10 AM   
GoddessMarissa


Posts: 240
Joined: 4/10/2004
From: Las Vegas NV
Status: offline 		Ohhh....LMAO... I love it thank you for giving me a good laugh....I love it.....

< Message edited by GoddessMarissa -- 4/27/2004 2:46:30 AM >

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RE: laws and bdsm - 4/29/2004 1:54:18 PM   
Craftmaster


Posts: 1
Joined: 3/8/2004
Status: offline 		as for the state of iowa n Mich the way the domistic laws read is that any visiable mark when the police must take the one who make the mark to jail.. First reporters like teachers n medical are require my law to report all subspected abuse...but many states will get you on the basic assault laws where one can not consent to self abuse...

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RE: laws and bdsm - 5/23/2004 5:16:46 AM   
ShadeDiva


Posts: 999
Joined: 3/31/2004
From: Sacramento, California
Status: offline
quote:

ORIGINAL: Craftmaster
but many states will get you on the basic assault laws where one can not consent to self abuse...



Just stumbled across this thread again ...

You're correct.

Actually pretty much any court in any state will roast you for that if they decide to. Waivers, contracts, NONE of that will save from a DA or lawyer seeking something to go to town with.

As it stands right now, I do believe every state views a *beating* to be something they are UNABLE to consent to having done as they were obviously "not in their right mind" so are unable to give any such consent.

Signing a little piece of paper gives you NO protection, all it can do is say at the time this person signed this paper - it can't verify if they were sane or not at the time of the signing.

~ShadeDiva

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RE: laws and bdsm - 5/23/2004 11:00:16 AM   
Thanatosian


Posts: 688
Joined: 5/10/2004
From: New Castle, PA
Status: offline
quote:

it can't verify if they were sane or not at the time of the signing.


Laymans opinion - in the absence of proof of guilt ( i.e. proof that you were NOT sane when you signed it ) wouldn't the benefit of the doubt 'clause' have to side with the person who made the marks and say that 'since we cant prove they were not sane when they signed this we have to presume that they were and this is therefore consensual and no crime commited' ??????

Again, am not a lawyer but that is how I would argue it if I were the one in court

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RE: laws and bdsm - 5/23/2004 2:12:05 PM   
Estring


Posts: 1266
Joined: 1/1/2004
Status: offline 		And we will visit you on weekends Thanatosian.

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RE: laws and bdsm - 5/23/2004 2:48:28 PM   
indigo302


Posts: 66
Joined: 4/28/2004
From: Delaware
Status: offline
quote:

Laymans opinion - in the absence of proof of guilt ( i.e. proof that you were NOT sane when you signed it ) wouldn't the benefit of the doubt 'clause' have to side with the person who made the marks and say that 'since we cant prove they were not sane when they signed this we have to presume that they were and this is therefore consensual and no crime commited' ??????



Consenting to be the victim of a 'crime', makes it no less a 'crime'.

PS...but I like Estring's post better :)

< Message edited by indigo302 -- 5/23/2004 5:49:03 PM >

(in reply to Thanatosian)
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RE: laws and bdsm - 5/23/2004 3:43:28 PM   
ModeratorThree


Posts: 902
Status: offline 		I'll visit him too, but don't ask me to "sneak" stuff in...



Mod3
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Profile   Post #: 19
RE: laws and bdsm - 5/23/2004 5:20:25 PM   
iwillserveu


Posts: 1641
Joined: 1/1/2004
Status: offline 		Thantosian,

Consent and sanity is very slippery slope. There is a case of a guy in Germany who fetshed being cut up and eaten. They had a video of him and the person who cut him up enjoying his fried penis.

Is consenting to being murdered proof of insanity? How about consenting to being set on fire? How about consenting to being choked? How about consenting to being spanked?

If the D.A. is good enough no sane person would consent to anything we do. Legally all dominants go to prison and all subs to a mental hospital.

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When the Lady smiles i can't resist her call. As a matter of fact, i don't resist at all. Well that depends if it is a smile or a grimmace.

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Profile   Post #: 20
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