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submissivemale22 -> RE: Spankings and beatings (7/12/2010 11:27:09 PM)
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quote:
ORIGINAL: LanceHughes
quote:
ORIGINAL: alatheia
As long as its consensual, its good in my book.
It may be good in your book, but watch out for criminal (not civil) prosecution on 2nd degree assault which is a felony in most jurisdictions! 3rd degree = NO intent to harm. 2nd degree = intent to harm.
Consent is not a defense.
Criminal prosecution is when police say it's intent to harm, and off you go!
Just be wary.
<edited for gooder grammer and speling.>
Not exactly the case lance.
Consent of the victim is a valid defense in both certain assaults and batteries. It isn't infallible, but courts are much more likely to recognize the defense when:
i) the criminal act did not result in serious bodily injury;
ii) there is widespread acceptance of the risk; and
iii) there is a distinct beneficial effect attending the defendant's conduct (this would most typically be applied to medical surgery or something of the physical nature).
so, its possible that you could face criminal prosecution as a result of d/s consensual play, but it would likely have to involve a very serious injury (permanent disability or death).
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