njlauren -> RE: Double bondage resulting in death (11/5/2011 9:50:40 AM)
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I have to say from what I read, the guy in question might have been an expert with marlinspike (i.e knots and ropes), but as a BD/SM dominant he left a lot to be desired IMO, for the following reasons: -He may have thought to have a knife to cut the ropes but that doesn't prove he was in any kind of shape to take control. Why? Even pretty innocuous play can lead to problems/issues, a sub can have a seizure, faint, or otherwise become unresponsive. One of the biggest responsibilities of a domme/top is not relying on safewords and such, but being able to assess the state of the person they are playing with. If he had been drinking or doing drugs, his response time and perception would be altered (after all, we drink or do drugs to alter consciousness and such, no?). I also am speaking as a sub/bottom who has played without safewords in pretty high level play, subs going into subspace, especially a novice, may not be able to feel something is wrong and it is on the domme/top to be conscious of the minute signals something is going wrong. To give you an idea I was once in a pretty intense bondage getup and was hooded, and the person who was domming me saw signs something was wrong in the way I was reacting,and stopped it and they were right, I was starting to go to a bad place, it was a claustrophobic reaction I had never had before. -It sounds like one of the people (the other girl) was unknown to both of them. While it could be her fainting was a freak thing and even if they had known her it wouldn't have helped, if playing with someone you don't know (if my impression is right), it is foolish to both be buzzed yourself as a domme, and also playing with someone who you don't know the signals and signs of problems with, who is buzzed themselves,you don't know what will happen. Before someone accuses me of being some sort of puritan or whatever, I am not, I don't have problems with people who want to drink or do drugs, whatever floats your boat, but when it comes to scene play I have enough experience to also know the risks, and at the very least someone who is in control needs to be fully cogniscent and aware, especially if the subs/bottoms are in some sort of altered state/drugs/alchohol. For me personally drugs and alcohol would ruin what I seek when serving/bottoming, but for subs who find it adds to their scene, then the person in control has to be extra aware and in total control of their senses, something drinking or drugs don't allow (I am not talking a glass of wine here or 1 drink, I am talking when buzzed or drunk). It isn't a murder, it is an accidental death, but he still could be charged with manslaughter or depraved indifference if the authorities feel somehow he showed deprave indifference or otherwise could have prevented the death but didn't do so. Specifically, if he wasn't sober, if at the time of the incident he was legally impaired, he could be charged as someone drunk who gets into an accident and kills someone could be held liable.
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