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FLButtSlut -> RE: "Voluntary Sadomasochistic Relationship," (9/8/2005 8:53:14 PM)
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The legal aspects become so broad in a case like this it is mindboggling. But the profile of "doggie" said it all in one sentence..."Once I stopped consenting, he needed to let me go... he did not, unfortunately." Anything that occurred after she removed consent was, obviously, not consensual.
Slave contracts are a nice ritualistic symbol, nothing more. The statement I have seen in so many that "this contract is legal and binding" to me is laughable, because I work in the legal community and know something about it. It also is frightening to me because there are many people who would NOT know that the statement is false and an unscrupulous "master" could make them believe that the contract will stand up in Court. Incidentally, the inclusion of that statement alone could cause more damage than it is worth. The Court could easily view that statement as a type of fraud perpetrated on the slave (or the master, if the situation called for that), and cause even MORE trouble.
I believe the statements here that GM was always very "up front" about his expectations, but the bottom line is that once someone says "I don't want to do that", "Stop", "I want to leave", you are taking a big risk if you don't listen. Certainly at times those statements can be part of "play" but only a Master/slave couple who really knows each other can honestly understand the difference. It does sound as though GM may not have always taken that kind of time with his slaves. Regardless, removal of consent is removal of consent and anything following that becomes a felony in the US (honestly have no idea what they may call it in other countries).
As for the "rescue" group that offered help, they may or may not be called to testify for the defendant, although I'm sure that they will be questioned by both sides if the attorneys are on the ball.
The pictures are yet another legal issue. Did the subjects of the photographs sign releases to have their pictures posted? Was the release for specific pictures or any pictures of any period of time. While "owning" someone may be a nice concept, and even satisfying and fufilling to many here, it is really a concept because it is not legal (and sorry AnnaB, it never will be again) to own someone. It only works while there is consent. Therefore, an "owner" cannot post the pictures legally without a signed release. From one story I read that he put up more explicit photos after she left. Depending on the release signed (although I doubt there was one), those photos could have been placed illegally.
It just goes on and on, apparently for 8 pages of charges. The 8 pages could amount to 8 separate charges, or 80 depending on how they are written. GM has a long road ahead of him for sure.
I am very pro-active about prosecuting those who hold their slave/sub against their will, however, I don't think that it is fair to charge someone for abuse that occured DURING the time of consent. Although technically in the eyes of the law, it is still abuse, you did consent. Of course, there is also the issue of whether or not someone who will consent to slavery has the capacity to do so. Before anyone starts bashing me for that, I am talking from a legal standpoint, obviously, because I consent to things many would think is nuts too. The point is that if I were HER attorney, I would certainly be looking at "diminished capacity" or "mental incompetance" in a civil suit. Doesn't do a thing for projecting a positive image of bdsm to the rest of the world, but it would help to sway a jury in a civil suit, for sure.
Bottom line is that participating in this life has very real risks, and if one is not careful, there are very serious consequences. Whether it is a "scorned woman" getting back at a master who p*ssed her off, or someone getting killed by a pyscho or just someone who doesn't know what they are doing. No one should just jump into something because it meets their fantasy of the moment without giving a lot of thought and communication with the person they plan to jump with (or is that on?)
This is something people should take sides on, but something everyone should learn from. Guilty or innocent, the same thing could happen to anyone here if things suddenly go wrong.
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