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DvilsDom -> Guilty Or Not (4/18/2009 1:05:43 PM)
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A couple, Dom/sub for many years, in their mid 30's, living as D/s
for several years real time decided to go on a well deserved
vacation to Bermuda. While there, as do a lot of other couples,
they have a couple of beers but are not legally intoxicated. In
broad daylight they decide to go out into the ocean together. As He
is several inches taller than she is they go a little more than
waist deep on Him but she wraps her legs around Him, He carries her,
etc. They are amorous and hugging and kissing, etc and she decides
this would be a good time for a little teasing under water so she
starts to give Him a blow job. (you can see where this is going
huh?) Occasionally she comes up for air then goes back and is
obviously enjoying it. They have practiced breath play before, and
in fact have done this same under water scenerio before without
incident. However this time He sees no sign of distress from her.
No resistance when He places His hand on her head, no fighting or
struggling from her to indicate she is out of air. Nothing until she
goes lax and floats up to the top at which point He notices, takes
her back to the beach and CPR is performed to no avail. the sub
died. cause of death: drowning. The man, Dom, is arrested and
charged with manslaughter.
The prosecution states that at the time of arrest He did make a
statement that she was flailing around slightly in the water at one
point but He took it for her trying to stay under the water. They
also state at the time of His arrest He had scratches on His thighs,
presumably from her nails. He says it was incidental in her trying
to keep herself in the position to finish the blowjob as the waves
were moving her around a bit and making it harder for her but that
He never even noticed them. He admits He held her head under water
during the blowjob but for a few seconds only and then He'd let go
and she'd come back up for air. This was a normal practice for them
and had been done by them, as ive said, several times before.
The defense states that according to RACK, risk aware consentual
kink, that as T/they had done this numerous times before there was
no reason for Him to have questioned the safety or sanity of the act
any more than He had before. And that she was in fact a very
intelligent, very eager and willing participant in said act and in
fact initiated it, and as such she was aware of the risks she was
taking and felt they were minimal enough to proceed anyway.
also of note: in the coroner's report there was no semen in her
stomach contents indicating that the drowning occured as a result of
her trying to swallow. she had no underlying heart or other health
problems that would have contributed to her death and she was not
legally intoxicated but she did have some alcohol in her blood.
these are the facts as Ive read them. if there are other
extenuating circumstances Im unaware of them. so whats your opinion:
is He guilty of manslaughter/ murder, or not guilty?
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