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Contract in the news - 7/2/2009 4:51:00 PM   
newone11


Posts: 75
Joined: 6/8/2008
Status: offline 		I came across this story on FARK.com.  I think it's odd that the kink came out as a side note of the submissive's arrest on other charges.  The second link gives more detail and it makes it sounds quite a bit more sinister.  But who really knows if her version is true without being a party to the relationship.

http://www.denverpost.com/commented/ci_12741602?source=commented-

http://www.montrosepress.com/articles/2009/07/02/news/doc4a4c4d8159b6f991630537.txt

*Edited to add second link with more info.

< Message edited by newone11 -- 7/2/2009 4:56:03 PM >
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RE: Contract in the news - 7/2/2009 5:17:21 PM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline 		Why do you think it's odd?

The second story stated a deputy noticed the marks when she was booked into jail while changing from her street clothes.

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RE: Contract in the news - 7/2/2009 7:02:39 PM   
newone11


Posts: 75
Joined: 6/8/2008
Status: offline 		Just strange, in a general sense, of how things come about.  I can't imagine this is a common way a D/s relationship (if that's what it actually was) gets outed.  But, then again, maybe there isn't a common way for them to be outed.

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RE: Contract in the news - 7/3/2009 1:01:01 AM   
KateyCaine


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i read both articles, and the second one did seem to demonise the whole situation, it's weird how D/s often makes people's minds leap immediately to domestic violence or non-consensual acts. Many of those unfamiliar with the lifestyle fear what they have little knowledge or understanding of. It's just unfortunate that both parties are not only outed, but branded.

k.


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RE: Contract in the news - 7/3/2009 10:32:37 AM   
claimedslave


Posts: 1
Joined: 6/29/2009
Status: offline 		I think it is sad that she tried to get out of her contract thru that means. She should have tried to discuss it with her Master.  Or if she didn't agree with the contract she shouldn't have signed anything

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RE: Contract in the news - 7/3/2009 10:48:49 AM   
brandi1379


Posts: 137
Joined: 3/3/2009
Status: offline 		I totally agree, if she didnt like the terms laid before her she should have never signed anything. And if she wanted out she should have talked to him about it. Im sure they could have figured it out without all the police mess 

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RE: Contract in the news - 7/3/2009 12:04:03 PM   
LdyWintershade


Posts: 41
Joined: 6/9/2009
Status: offline 		I agree that she could've found some other way to end the contract.  She shouldn't have signed anything if she was not comfortable with the terms of the contract.  Though, it did make me think;
I once had a slave who's parents found out and lost their minds!  They even tried to involve the police, to spite her being of legal age.  The local police investigated and I produced a copy of the contract that we had signed and contacted my attorney.  In the end, the matter was dropped because of the contract, her consent and it being consensual.  Though, I am forced to wonder what would have happened if the media had been involved or either of us were more 'high profile'. 
Nevertheless, it is legally 'grey' area that I think should be outlined more clearly, but it scares the proverbial 'straights'. lol

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RE: Contract in the news - 7/3/2009 4:39:28 PM   
angelikaJ


Posts: 8641
Joined: 6/22/2007
Status: offline 		The way laws are written, contract or no contract, you can not consent to being assaulted.

She may have felt she had no choice but to tell them the truth.
She was in jail.
Also there is no indication of how long it took them to get the story from her.

(Also, being that she was just arrested for a DUI among other things, she may have not been too keen on the idea of the punishment he likely would have given her for that.)

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RE: Contract in the news - 7/3/2009 5:39:03 PM   
tazzygirl


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Status: offline 		Could be she thought by telling them her "tale of woe" she would get off lighter.

Hard to tell what happened.

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RE: Contract in the news - 7/4/2009 6:15:58 AM   
DemonKia


Posts: 5521
Joined: 10/13/2007
From: Chico, Nor-Cali
Status: offline 		FR, after read thru

After reading the article the following tidbit (from the second article) caught my attention:

The woman said the spankings, which she alleged were a regular occurrence over the course of a few years, were not a form of sexual foreplay, but punishment that was painful.

"(She) said she never liked the spanking, but she accepted it from Percival because she loves him," Harrison's affidavit said.

I'm not a lawyer at all, but I wondered if the difference was that this sounded less consensual than if she had said she liked the spankings & that the beatings were part of their sex life . . . . I'm thinking that it can be difficult enough to convey the sense of consent around what it is that we do, that explaining consensually non-consenting stuff to a potentially hostile audience is that much more difficult . . . .

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RE: Contract in the news - 7/4/2009 6:31:20 AM   
DarkSteven


Posts: 28072
Joined: 5/2/2008
Status: offline 		The guy is toast.

If the woman had claimed it was consensual or it was play, he might have gotten off.  She said neither.  She's either dumb or pissed at him, or wanted out. 

From the article: "The woman said Percival became angry at her June 15 because she asked why she wasn't included in a fishing trip. She knew she was in for it, she said, and alleged that later that night, Percival arrived and made her submit to a spanking.

The beating was to entail 50 lashes, but he agreed to split up the punishment, she said, administering 25 lashes with a belt that night."

Either he gave huge punishments for inoffensive things, or there was a full scale argument that she decided not to talk about.

The ramifications of a cop being in contact with dozens of women who have been caught in the cycle of abuse...


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RE: Contract in the news - 7/4/2009 6:47:22 AM   
rulemylife


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Joined: 8/23/2004
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quote:

ORIGINAL: DemonKia

I'm not a lawyer at all, but I wondered if the difference was that this sounded less consensual than if she had said she liked the spankings & that the beatings were part of their sex life . . . . I'm thinking that it can be difficult enough to convey the sense of consent around what it is that we do, that explaining consensually non-consenting stuff to a potentially hostile audience is that much more difficult . . . .


This thread is revolving way too much around the issue of consent.  While we may understand that, the law doesn't recognize it.  As angelikaJ said, you cannot consent to assault.

Now if it was an accepted part of their sex life then the police may choose not to make an arrest or a prosecutor may choose to drop the case, but that still puts the matter out of the hands of the parties involved and leaves it to the discretion of the authorities.

< Message edited by rulemylife -- 7/4/2009 6:52:24 AM >

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RE: Contract in the news - 7/4/2009 8:43:56 AM   
newone11


Posts: 75
Joined: 6/8/2008
Status: offline
quote:

ORIGINAL: DarkSteven

The guy is toast.

If the woman had claimed it was consensual or it was play, he might have gotten off.  She said neither.  She's either dumb or pissed at him, or wanted out. 

From the article: "The woman said Percival became angry at her June 15 because she asked why she wasn't included in a fishing trip. She knew she was in for it, she said, and alleged that later that night, Percival arrived and made her submit to a spanking.

The beating was to entail 50 lashes, but he agreed to split up the punishment, she said, administering 25 lashes with a belt that night."

Either he gave huge punishments for inoffensive things, or there was a full scale argument that she decided not to talk about.

The ramifications of a cop being in contact with dozens of women who have been caught in the cycle of abuse...



He and I were having a joking discussion a while back regarding posting bond.  He said if I was to ever to get arrested that he'd bail me out but, by the time it was over, I'd probably be begging to go back to jail.

Of course, I have no way of knowing if this was a true a D/s relationship, if she was being abused, or if she was coerced into signing the contract.  And my view is definately from a jaded perspective of DV complaints.  I have seen far to many that were nothing more than a pissed off woman looking for a little revenege and, of course, that makes it that much harder for the actual, honest-to-God victims of domestic violence.  The court system, at least were I practice, is set up to believe (without all that much questioning) that anyone who claims DV must be telling the truth.*

Every PD is a little different...some will go to any length to protect their own and some will go to any length to hang them out to dry.  If they are dating she's going to know where on the scale his department falls and could have given her version based on that knowledge. My jaded gut feeling is that once the marks were seen she knew exactly how to deal with those pesky DUI, assault, and resisting charges.

*I only do criminal defense so my perspective is definately biased.


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RE: Contract in the news - 7/6/2009 1:26:48 AM   
LdyWintershade


Posts: 41
Joined: 6/9/2009
Status: offline
quote:

This thread is revolving way too much around the issue of consent. While we may understand that, the law doesn't recognize it. As angelikaJ said, you cannot consent to assault.
quote:

ORIGINAL: rulemylife

While I recognize that this is an accurate assessment, some state laws do recognize the sub/slave's ability to stop/cease the interaction based on foreknowledge of and an agreement concerning an 'out word'.  If the person is in control of how far something is going to go, and has the ability to stop it, but does not...the label of assault becomes a bit vague.  Or at least, that has been my experience and that of others I know in my state.
Even the police who were involved with the investigation surrounding my incident stated that if the I did not have written proof that she could have stopped it at any time, charges could have been pressed.
And I think that the consent issue may be getting belabored, because it is the only that even remotely differentiates BDSM from abuse in the eyes of the law.
Just my 2 cents worth. :)
- I disagree with what you say, but will defend to the death, your right to say it.

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RE: Contract in the news - 7/6/2009 8:20:19 AM   
sweetsub1957


Posts: 2201
Joined: 4/28/2009
Status: offline 		Sounds to me like she was trying to get out of the contract & this was a shitty way to do it.....she could have talked to him about nullifying it.  All this begs the question.....why did she sign it in the first place?

~edited to add~
in my opinion......50 lashes for a question!? 

< Message edited by sweetsub1957 -- 7/6/2009 8:25:32 AM >

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RE: Contract in the news - 7/12/2009 5:28:59 PM   
couldbemage


Posts: 112
Joined: 7/16/2008
Status: offline 		If you can't legally concent, how can any martial art exist?

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RE: Contract in the news - 7/13/2009 9:10:32 AM   
Scotty306134


Posts: 172
Joined: 5/16/2004
Status: offline 		???? Try that again....You totally lost me!

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