ShaktiSama
Posts: 1674
Joined: 8/13/2007
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quote:
ORIGINAL: xxblushesxx
Proof please?
Pick virtually any case in which an issue of consent was disputed in a court of law--it is settled in favor of the submissive and often the dominant serves time. This was true even in a case where the "dominant" had written contracts for dominating a woman, photographing her torture, andd putting the pictures up on his website. When this woman later ended te relationship and wanted the pictures off the site, he refused to respect her wishes, citing his "legal contracts" and of course his colossal sense of entitlement.
He now has a lovely relationship with his cellmate. Seems the "law" is not real sympathetic to men who torture women, regardless of how consenting the kink was at the time it was performed. So a word to the wise? Keep your relationships with your submissives, current and former, positive and respectful.
Or you will go down hard. Period.
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I did not say that this person was respected. I did say he *felt* disrespected, imo.
I would say he felt more than "disrespcted"--it sounds to me like he felt threatened and violated. And rightly so. Don't think that the law is sympathetic to people who become violent after being violated, tricked or abused? Check the court cases of any victim of rape, abuse, or even a dangerous prank who assaulted their abuser after the fact. The odds of doing any jail time after such a crime are virtually nil.
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The general criminal law allows for the use of deadly force anytime a faultless victim reasonably believes that unlawful force which will cause death or grievous bodily harm is about to be used on him. Once the sub has been released, unless someone is trying to kill him, or threatens to harm him, he has absolutely NO RIGHT to use force of any kind, and especially not deadly force. But I'd be interested to see someone argue it in court.
*shakes her head* With the number of splashy cases in the media lately of people who have been locked up and imprisoned for months or years in cages or basements, including a few deaths--? Yeah, I think a defense lawyer who passed the bar at Wal-Mart could knock this one out of the park--and not only have those two dominants paying for the defendant's legal fees, but maybe hit them up for the mental anguish they caused to boot.. I think you'd have to be criminally incompetent to lose this case, unless the "male dom" in this scenario was a 14-year-old in a wheelchair and the man in the cage was Mike Tyson.
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Most do not favor the dominant because usually it's an issue of so-called 'abuse' and no one can legally consent to abuse. This is not an issue of abuse. No one forced that person into a cage...
No one forces a lot of people into a lot of forms of bondage. However, consent given to one person for a specific, pre-negotiated game is not a license for others to victimize you in any way they see fit without your consent. If you agree to be tied up and tickled by your own master, you are NOT agreeing to be raped by someone who walks into the room when your master is taking a bathroom break. And the logic that "no one forced you into bondage" is not going to hold any water if you decide to kill the bastard later.
In this case, the fact that a man agrees to go into an unlocked cage for a woman does not mean that he has agreed to be locked into that cage and abandoned in an extremely unsafe circumstance by a man. There are many people who enjoy being dominated by people of one sex who cannot tolerate it from people of another, especially if the game rouses strong emotions. Being trapped in a cage can rouse pretty strong emotions in some people, especially if they are anxiety prone...
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I *do* have sympathy for the person in question, but the question asked was 'who was wrong here?'. I answered according to the law, not according to my own standards. (In which case I would have said the domme should pay the 'doms' medical expenses)
Everyone is wrong here, but the real question behind the OP's post was actually "Who is responsible or liable". And understanding the law, in this and other such cases, is just as much a matter of understanding how the law is likely to be interpreted and enforced as anything else. I think that the odds of successfully prosecuting this submissive for those medical bills are very low, because the odds of any dispute in a BDSM court case being settled in favor of the dominant are low. But as you point out, it would have to be taken to court.
*shakes her head* In any case, at least we agree in principle. If this woman feels that someone should pay her meddling friend's medical bills, she should pony up the cash herself.
_____________________________
"Women and cats will do as they please, and men and dogs should relax and get used to the idea."
-- Robert A. Heinlein
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RE: Who's wrong???? - 
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