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Termyn8or -> RE: Sex toys used as evidence in murder trial (5/31/2008 11:32:05 AM)
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I agree with hejira over here. This phase of the trial is to determine innocence or guilt, and no matter how bizarre your sexual preferences, getting killed is not one of them.
However this is undoubtedly the defense bringing this up. Now the thing is, when someone is on trial for their life, the defense should be given a wide berth. I can see why the judge would allow it, if the guy has a really good lawyer and could state his reasons for believing that these items were pertinent to the case.
The defense needs this leeway because the prosecution has a huge advantage in a trial. They don't comply with the motion for discovery completely and moreover, they probably know the judge personally.
What's more, during the actual trial, if the victim was good looking and had a promising future the prosecution is allowed to put up a picture. What has this to do with the defendent's guilt ? What if she was a butt ugly bitch who everybody hated ? Would it be OK to kill her ? That seems to be the implication here.
So the same thing applies here, just on the other side. There is alot of injustice in the court system, on both sides. So if the Woman is kinky that means her daughter wanted to be strangled ? As much as I don't like it, some people would think so.
The same thing applies to whether one kills an eight year old vs killing an eighty year old. It can be argued that the eight year old had his whole life ahead, and was deprived of his opportunities. On the other hand though, the eighty year old has managed to survive this long and death is near, so each moment is precious. What's more the eighty year old could have something to give, revealing true history to the young.
Kinky sex is a gray area because some people are stoooooopid. My sister and I have this inside joke about that word, when we see someone who is doing something stupid one of us will say "How many Os you think ?".
I mean there are things anybody with a brain knows you simply can't do. Some people are actually into suffocation, and that is extremely dangerous. If someone engages in play like that, they better know what they're doing as well as CPR. If you kill someone doing that, it is at least negligent homocide, of that there is no doubt. Plus the fact that you have now killed someone you supposedly loved.
I am trying not to hijack, but there are alot of issues here, and implications. Dealing with those can be tricky. On the breath play issue, I would like to offer a bit of advice. The whole idea is oxygen deprivation. If you want to try that, let me suggest a corset, and I mean so tight you can hardly breathe. During your stimulated state your metabolism will speed up, but you can't take deep breaths. You blood will become depleted of oxygen and hopefully you get the desired effect. After the fact, you can still breathe. Restriction of the airway is a nono, even a bag over the head. The top could easily be in the thoes of orgasm while their partner dies right in front of them. There is a finite time limit, and it is absolute. I would say if anyone REALLY has to do it, have a third person in the room.
Even a bondage position that breaks one of the bottom's bones if definitely battery. And different people have different limitations. Even if you try the position yourself first, that does not mean another can withstand it. Their bones might not be as strong as your's, their strength might not be as great, as such they could be inadvertently strangled by a restraint, or suffer serious injuries playing.
I think we should take this situation as a reminder to be SSC. Part of that is sane. Sane means thinking things out beforehand.
Too many people see kinky sex as a bad thing. We have enough black eyes and sore thumbs due to negative media bias. Even CM has one which I won't mention here but I will recount it upon request. Thing is, if everyone involved at the time were sane, it never would have happened.
If I were a Woman, with a boyfriend, not Husband, and had a teen daughter living there, there would certainly be no drugs in the house. Or is the defense trying to claim some sort of complicity on the Mother's part ? Did she sit there all high and watch this happen ? I have not heard that allegation made. And even so, whoever "pulls the trigger" is guilty.
The defense is clutching at straws, but that is their job. The prosecution will strive to convict regardless of whether the defendent is guilty or not. Therefore the defense will have to do the same. However I think it pretty crass to bring out the sex toys. This associates them with a crime, which is dead wrong. The last thing anyone in the BDSM community would want to do is to hurt or kill someone. Maybe come close, or seem to, but not to actually do it. No way.
Just be careful, we don't need any more negativity.
T
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