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MsSaskia -> RE: Is professional domination legal? (12/20/2007 2:35:56 PM)
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quote:
ORIGINAL: SolangeRichards
I'm not a tax pro, but I have taken clients to strip joints and expensed the costs to the company. They were of course well aware of what was being done and in fact the only reason I was there with clients was because the company wanted it that way. These bills were later of course used for tax deductions by the company.
In the USA there is a strict criteria for the deduction of entertainment by the IRS. If you're able to meet that criteria, dinner, drinks and a visit to the local nudie bar are all deductable.
As for the legality of professional domination, the short answer is yes...in theory. Where trouble can be come however is in the area of striking another person. Outside of sanctioned things like boxing, martial arts and the like, anytime anyone strikes another person in the USA, whether mutually agreed upon or not, you are opening yourself to a potential problem. For the most part the police just avoid it all, but you cannot discount the fact that they don't have to. The same rules could apply to private play parties where no money whatsoever changes hands. I am aware of no locality in the USA where the laws on assault have any wording indicating that BDSM activities are exempt.
You can tell your client to dress like a six year old and squawk like a chicken, you can tell him to crawl around like a snake and kiss your shoes, you can tell him to do all kinds of things and if he agrees you are fine but anytime you smack a face or paddle a rump, under any circumstances, you can be at risk with the law.....
Even with just sessions involving humiliation, it is conceivable (especially in the US) that a client could sue for emotional damage. If he tripped on a carpet or in a pair of high heels of the type kept in supply for sissy crossdressers and bumped his knee enough to bruise it, he could sue for negligence. If we put eye makeup on him and he had a reaction to it, there's another lawsuit. If he catches a cold from kissing a shoe that someone else had kissed that day and he misses out on a week or work, there's another suit. If he went home with even temporary pressure marks from the ropes and his spouse wasn't happy about it, if (as so many clients claim) he became "addicted" to the dominant and was unable to sexually function in the absence of his "fetish object", maybe his wife could sue.
One of the positive sides of the domination industry being currently unregulated is that, in the absence of any governmental authority laying down guidelines for what is and isn't acceptable, nobody (that I'm aware of) has sued a pro domme - let alone won - for breach of contract, personal injury, negligence or any number of things that could conceivably be brought to court. Once regulations for any industry are in place, everything changes. Ha! I can see Better Business Bureau reports complaining that Mistress Elvira had her Certificate of Completion of Dominatrix College, but gave a lackluster and barely adequate session.
I really ought to write a sci fi story sometime that'd feature a society where all types of sex industry is regulated and you can walk into a Convenience Dungeon and get the Corporal Special with a side of Sissy Stuff(tm) and, if your behind isn't pinked to the minimum industry specifications and you don't feel your Domme has picked just the right lipstick color for you, you complain and get 15% off your next regular or lesser value session.
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