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thnkiwntaspank -> RE: Nebraska High Court to hear case of concensual slavery sept 10th let your voice be heard and opi (1/29/2005 11:02:08 PM)
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MistressDread, I'm sorry but there really is nothing to protect for the rights of BDSM in this case or any other. I readily admit that I am no expert in BDSM, in fact, I am merely a novice. However, I have read about the slave contracts, including the ones where the slave can only request to be released from her master. Should the master refused, she must suffer in silence. Guess what? Not in this country anyway. That contract could have been in place for 25 years without either party wanting to leave. The second that slave finishes uttering the statement that they would like to be released, that this is not what they want, hell just the actual words, "no" or "stop", and "master" does not abide, guess what? You are now committing a crime. No question, no excuse of "we have a contract." In this case, they never even got that far. Accordiing to the Court documents, before anything actually happened, the man changed his mind, and asked to be released. You want to fight for the right of people in the lifestyle to have freedom, that's great, fight for it. But understand that if you do get it, it will be regulated and those terms will still apply when a slave wants release. This was also a case where while emails and discussion about how the relationship would be conducted were exchanged, there was never even a "signed" contract. Had that occurred, perhaps a fight could have ensued over the validity of the contract. As things stand, however, given the circumstances, a verbal contract is even a bit of a stretch here.
While no expert in the area of BDSM, I certainly have done my research to find out about the practices, customs, etc. No where I have seen where any part of the BDSM relationship, even when it is Master/slave is regularly telling your slave that you are going to KILL THEM when you are through using them to be an appropriate thing.
Just as we are all taught that "no" means "no" in the case of non-consensual sex between a man and a woman, "no" means "no" applied in BDSM as well. Typically, that no is in the form of a safe word, in other cases, maybe it is something that must be interpreted between the parties, however, if you have an ounce of common sense in your head, and you enjoy YOUR freedom, you would be wise to stop whatever you are doing and evaluate what that statement is meaning.
As for his sentence, and your concerns that a murderer gets only 25 years? Twenty-five years is the starting point (as explained other places in this post), and that is just for the murder itself. When other crimes are added (weapons possession, assault, etc.) other sentences can be added on, increasing the term of imprisonment overall. Also there are minimum and maximum sentences for crimes. This case involved multiple crimes which carried multiple sentences. The bottom line is that he ignored this man's request for freedom and yes, the price that he has to pay is now sitting on the other side of the fence (so to speak). Let's see what he thinks of the word "no" when he utters it to someone in prison, and they don't listen to him!
Everyone should have a right to live as they so choose, and often we all must fight for those people's right to do so. However, a clear understanding of the law is necessary to understand what you are fighting for, as well as a clear understanding of each case at hand. Running blindly into something you don't understand is never a good idea. The appeal on this case was upheld, and very rightly so. If one wants to fight for the right of BDSM contracts to be legal, this would not be a case to use as an example.
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