HarryVanWinkle -> RE: BDSM Contracts (6/13/2006 9:47:14 PM)
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ORIGINAL: SlavesServeHer Are BDSM contracts a must? Do you think they work? I'm for them as long as they are updated from time to time I presume you're asking about written contracts. If so, I would say that not only are they not necessary, but are potentially dangerous. They're not necessary, because, being unenforceable by law, they carry no more weight than a spoken agreement. As to the danger, just last Saturday, we had a seminar at Desert Dominion entitled "Prosecution Proofing your Kink" presented by former Deputy District Attorney from Las Vegas who currently works as a Defense Attorney. One of his major points was that while a BDSM contract cannot be enforced by law, they can be used against you by law. An example: During a particularly noisey scene, the cops are called by a neighbor, thinking domestic abuse is going on. When the one of the cops sees the well beaten slave, he gets a hair up his ass and arrests the dominant for domestic abuse or sexual assault. The dominant and the slave have a written BDSM contract that states, among other things, that the slave has no right to remove consent or set limits. Legally, no person can give up the right to remove consent and legally anytime a submissive attempts to do so and has it ignored, the scene immediately becomes either sexual assault or domestic abuse. If the police and the prosccuter decide that the slave did, in fact, mean to remove consent, the contract can be used, in court, as evidence that such assault or abuse is common in the relationship. Which, of course, could help convict the dominant, even if the slave absolutely refuses to testify against him. I would highly recommend that if one does use a written contract, that one find a kink friendly criminal attorney and have him check it.
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