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MzMinx -> RE: Australian law (6/7/2006 2:09:04 AM)
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Hi ya Becca *smiles*
interesting question
australian law originaly came from english law so many things are still influenced by that ... for example what defines assult vrs self defence, ..
It is true that consent is not a complete defense for assult or such by australian law... so a third party can bring charges even if the submissive doesnt agree and says they are fine
I dont believe that there have been many precedent cases of useing assult laws, or other such laws, to prosecute a Dominant when a submissive does not withdraw consent ( i have heard of rape/assult cases where the submissive has gone to the police afterwards and I am not in any way comenting on the validity of these or whether consent was ever given , as each case has different merrits and facts ) ...
but I am assuming you mean others deciding if you the submissive are being raped/assulted or criminaly harmed...,
there is a famous case in england concerning some gay males who practised bdsm in a public venue, the Doms where charged with assult, I have been told could be used as precident for australia or at least adding to the definition of assult
But there are many areas of law which could effect a practitioner of bdsm...
how they effect you depends on what you are doing ... and who you are doing it with and where
For example ...many common toys are illegal to carry (which ones change from state to state) . such as hand cuffs ... knifes over certain length etc ... in australia even those electric fly swatters are an illegal weapon and will be confiscated by customs if they notice them ... so owning such , whether its in your home.... or going to a play party with your toy bag can be breaking the law
I do know of some cases where some ones bdsm activities where used against them in things like child custody cases and employment cases. And these days insurance coverage and responsabilities are often a big factor to consider for public style events
*smiles* .. dont know if this has helped .... I do know some kinky ones who probably have far more specific info if you need it ... and hve a more specific question you need answered
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