Unlawful Confinement (Full Version)

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Myshkin -> Unlawful Confinement (8/5/2007 6:18:25 PM)

A Domme forces a sub in a cage and leaves him their.  At first the prospect of being forced to be caged like an animal arouses him, but later in the scene decides he doesn't want to be in the cage.  If the Domme is not around to unlock him at that time, doesn't that become unlawful confinement.





AquaticSub -> RE: Unlawful Confinement (8/5/2007 6:21:24 PM)

quote:

ORIGINAL: Myshkin

A Domme forces a sub in a cage and leaves him their.  At first the prospect of being forced to be caged like an animal arouses him, but later in the scene decides he doesn't want to be in the cage.  If the Domme is not around to unlock him at that time, doesn't that become unlawful confinement.




I don't know but I'd wonder why they were left locked in a cage with no one around to unlock them in case of emergancy.




charlotte12 -> RE: Unlawful Confinement (8/5/2007 6:23:43 PM)

Yeah i would be wary of locking anyone up if they hadn't made sure to find out about emergency back up plans.

Oh wait....i dont' think i would be the one doing the locking up anyway....




Masque66 -> RE: Unlawful Confinement (8/5/2007 6:26:00 PM)

I've seen similar arguments on TSR and technically it does become unlawful confinement.  Another reason I dislike leaving someone alone and incapacitated.




LuckyAlbatross -> RE: Unlawful Confinement (8/5/2007 6:26:53 PM)

Yes

Doms take on an extreme amount of risk in playing- if a sub decides later, even after everything is done and they've gone on their way happy and fine, that it was wrong and abusive- it's REALLY hard for the dom to have any defense.




LATEXBABY64 -> RE: Unlawful Confinement (8/5/2007 6:29:06 PM)

it can but you know that depends on the mind set of the people involed shrugs




KiandPhoenix -> RE: Unlawful Confinement (8/5/2007 6:29:29 PM)

To specifically answer the question, no. It becomes unlawful confinement the moment the person returns and is informed that you wish to be released, and then refuses. You agreed to be in the cage, so until you can actually tell someone to let you out they can not be held accountable. Kind of like if a you file for a restraining order against a stalker, even if it is an immediate order of protection, the stalker is not held accountable until he is server with the paperwork, and is properly informed.

Now I have to agree. You lock someone in a cage, expect to be right there. If someone locks you in a cage and leaves, when you get out. . .RUN! They are irresponsible, and do not have your safety in mind.
~Ki




chiaThePet -> RE: Unlawful Confinement (8/5/2007 6:38:06 PM)

quote:

ORIGINAL: Myshkin

A Domme forces a sub in a cage and leaves him their.  At first the prospect of being forced to be caged like an animal arouses him, but later in the scene decides he doesn't want to be in the cage.  If the Domme is not around to unlock him at that time, doesn't that become unlawful confinement.




Stupid is as stupid does, some people are just made for each other.

chia* (the pet)




abusablepaintoy -> RE: Unlawful Confinement (8/5/2007 6:41:46 PM)

quote:

ORIGINAL: LuckyAlbatross

Yes

Doms take on an extreme amount of risk in playing- if a sub decides later, even after everything is done and they've gone on their way happy and fine, that it was wrong and abusive- it's REALLY hard for the dom to have any defense.

Actually, that's true of vanilla men who are dating women, too.  For those Femdom/malesub relationships, it's certainly an interesting twist.




LuckyAlbatross -> RE: Unlawful Confinement (8/5/2007 6:44:02 PM)

It's a lot harder for a dominant doing something abnormal to someone to defend that it was really informed and ok from start to finish.




MissDiscipline -> RE: Unlawful Confinement (8/5/2007 6:48:26 PM)

HMMMMM... Maybe I should film everything with voice too- so  I will have some defense. That way I can completely discredit him infront of the judge. So when he comes back and tells the judge I beat him within and inch of his life well- maybe he just felt that way and gave him a two gallon retention enema, he will explode in the court room and once a gain the judge will deem him full of shit..
WHAT'S A DOMME TA DO...?




AquaticSub -> RE: Unlawful Confinement (8/5/2007 7:21:58 PM)

quote:

ORIGINAL: MissDiscipline

HMMMMM... Maybe I should film everything with voice too- so  I will have some defense. That way I can completely discredit him infront of the judge. So when he comes back and tells the judge I beat him within and inch of his life well- maybe he just felt that way and gave him a two gallon retention enema, he will explode in the court room and once a gain the judge will deem him full of shit..
WHAT'S A DOMME TA DO...?


Still can be discredited. He was afraid and played along for fear of blackmail/abuse/whatever.




lonlyrossInNeed -> RE: Unlawful Confinement (8/5/2007 7:28:31 PM)

A Domme and Dom takes alot of risk in all typs off play when you think about it if the justice system wanted to they could start cracking down on all the lifestyleers out there and any Domme and Or Dom could be charge with domestic violence if it where in the home where they where playing and or for some things could be named where if say someone likes breath play well if somthing goes wrong during that and say the sub leaves this world when somthing happens the Dom or Domme would be lible and charged with Murder or involuntery mansloter and go to prison we give are selfs as pets to the Domme or Dom and they take on the responsability of making sure we are safe
 
ross.g




MissDiscipline -> RE: Unlawful Confinement (8/5/2007 7:35:22 PM)

then maybe  I should use black mail, fear and abuse  to keep them  quite- or invite the judge to play along too[:)]




lonlyrossInNeed -> RE: Unlawful Confinement (8/5/2007 7:43:02 PM)

black mail is fun play at times also :)
 
ross.g

quote:

ORIGINAL: MissDiscipline

then maybe  I should use black mail, fear and abuse  to keep them  quite- or invite the judge to play along too[:)]




PainCompliant -> RE: Unlawful Confinement (8/5/2007 8:40:09 PM)

quote:

ORIGINAL: KiandPhoenix

To specifically answer the question, no. It becomes unlawful confinement the moment the person returns and is informed that you wish to be released, and then refuses. You agreed to be in the cage, so until you can actually tell someone to let you out they can not be held accountable. Kind of like if a you file for a restraining order against a stalker, even if it is an immediate order of protection, the stalker is not held accountable until he is server with the paperwork, and is properly informed.

Now I have to agree. You lock someone in a cage, expect to be right there. If someone locks you in a cage and leaves, when you get out. . .RUN! They are irresponsible, and do not have your safety in mind.
~Ki


It doesn't become real until you want to be freed, insist upon being freed, threaten all sorts of recourse if you are not freed, and still you stay in the cell or cage.  One person's unlawful confinement is another person's best experience.




MisPandora -> RE: Unlawful Confinement (8/5/2007 9:48:04 PM)

quote:

ORIGINAL: Myshkin

A Domme forces a sub in a cage and leaves him their.  At first the prospect of being forced to be caged like an animal arouses him, but later in the scene decides he doesn't want to be in the cage.  If the Domme is not around to unlock him at that time, doesn't that become unlawful confinement.



Someone locked in a cage without an emergency way out?  Forget about unlawful confinement.  How about classifying that as stupidity on the part of the top.....




Rover -> RE: Unlawful Confinement (8/5/2007 9:53:12 PM)

quote:

ORIGINAL: LuckyAlbatross

It's a lot harder for a dominant doing something abnormal to someone to defend that it was really informed and ok from start to finish.


In some (many?) cases, it doesn't matter that the submissive was informed and a consenting participant.  The act itself is considered illegal, regardless of consent.
 
Sadly, while much time and effort is given to the dangers inherent to bottoming, little is devoted to the criminal and civil liabilities inherent to Topping.  They are numerous, extensive and should give every Top good reason to reconsider the issue of trust as it relates to their personal liability.
 
John




Masque66 -> RE: Unlawful Confinement (8/5/2007 10:02:56 PM)

It isn't always the case that you have to wait for their return.  In laboratory experiments if the subject decides they want the experiment to end then the scientists have no choice but to end it.  Even if they agreed to be locked in a big plastic box for a month and then decide not to after day 10.  Given how d/s lifestyles are viewed by the general public I can't help but see a similar situation applied.  If you want out and no one's there to do it then suddenly they become abusive.




awmslave -> RE: Unlawful Confinement (8/6/2007 12:40:58 AM)

If a slave is reasonably healthy (and obviously not claustrophobic in this case) emergency is very unlikely. So, I am OK with safety aspect of the situation and I do not agree with above safety nazis. However,  this problem would not arise with an experienced  master because he/she would not lock up any slave for long term  who can not take it. The described situation  has unlawful aspect if  a sub specifically  negotiated very short confinement and with good layer perhaps his/her hourly lost wages will be compensated.




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