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BDSM session gone wrong on "America's Court with J... - 7/26/2013 11:15:42 AM   
Charles6682


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I just saw an interesting episode about a BDSM session on "America's Court with Judge Ross". I normally don't care for TV court shows but this caught my interest. Did anyone else happen to see it? It was a session between a Pro Domme and a male client. The point of the show was that the male was suing the Domme because he felt she actually hurt him. He was hogtied,gagged and blind folded. The Pro Domme made the mistake of not having him sign a waiver or having insurance. So the judge sided with the guy.

Me personally, I would not sue a Domme because a mistake is made. Accidents do happen. Now if the harm was intentional and it was clear safety was ignored on purpose and I was seriously hurt, that's different. I've done more than enough Fem-Domme videos by now and I know the risks involved. I won't even get into the SSC debate to spare myself the lynch mob. But, there's a good reason why consensual is important.

< Message edited by Charles6682 -- 7/26/2013 11:17:19 AM >


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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 1:19:35 PM   
Termyn8or


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I tried searching youtube for an ep like that and didn't get anywhere, but I sure got me some opinions.

There needs to be a specific waiver really for such things. It must not attempt to indemnify the Dom(me) for misconduct, wrecklessness or any of that stuff. It also cannot indemnify for serious bodily injury or death. Something that requires medical attention is not going to be discounted due to a contract because that contract would violate established law. If that were not true people on this site would have slave contracts all over the place.

I have long thought about a slave contract and I could damnear do it, but I would never be sure that it could be upheld. I mean really, look at the contracts signed by, for example, professional athletes. There is so much specific performance in them, it really wouldn't be much further to have an actual slave contract. However there must be compensation and if the court decides the compensation is not fair, out goes the paper with the trash.

Any waiver in a pro Dom(me) setting would have to be similar to what a boxer or other fighter might sign before getting into the ring. I believe it can be done and though I do have some limited knowledge of contract law, I would rather defer this to a real store boughten attorney. I might even be willing to draft the thing but still it should be ran across a pro to make sure that it is valid, and that it iis valid in the jurisdiction concerned. Hell, even property deeds vary from state to state.

While the Consitituion does provide practically unlimited abaility to contract, any part of a contract contradictory to law is null and void and sometimes he whole contract can be thrown out on that basis. It all depends.

T^T

< Message edited by Termyn8or -- 7/26/2013 1:24:02 PM >

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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 2:15:47 PM   
Charles6682


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From: Saint Pete,FL
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I've been trying to find this episode on Google with no luck. The end result was the Judge made the Domme pay $700 for injuries. The guy said his shoulder was pulled out of his socket. They did have a safeword but since he was gagged, he of course couldn't really say much. He was trying to "muffle" the safety word but the Domme said she thought he kept saying "more". They did have a backup "safe sign" with his hands but I guess he said he couldn't feel the blood pressure reach his hands. The Domme believes the Judges opinion was a mistake because she really felt like he was saying "more" and not the "safeword",which I can't remember what it is now.

This sort of reminds me about the first video company I shot for. A few guys who kept showing up to do videos, got together and decided to sue the video producer and one of the girls. Of course, I had nothing to do with the lawsuit but it has been on the local news here and even some national news. Of course, 1 thing about a video is that the camera doesn't lie.

I do think there need's to be a healthy balance with these lawsuits. While I do not doubt some of the lawsuits are valid, I am sure some of them are also B.S. by a few people hoping to make some money off of a lawsuit. Then it becomes "this persons" word vs "that persons" word.

1 thing I did find interesting was the Judges reaction to this whole case. He was naturally curious about it but he also seemed open minded about it. It did make for an interesting reaction.

< Message edited by Charles6682 -- 7/26/2013 2:18:20 PM >


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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 4:32:50 PM   
LookieNoNookie


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quote:

ORIGINAL: Charles6682

I just saw an interesting episode about a BDSM session on "America's Court with Judge Ross". I normally don't care for TV court shows but this caught my interest. Did anyone else happen to see it? It was a session between a Pro Domme and a male client. The point of the show was that the male was suing the Domme because he felt she actually hurt him.


That fucking BITCH!!!!

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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 6:21:55 PM   
Termyn8or


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You're gonna get it now !

T^T

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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 6:26:13 PM   
Toysinbabeland


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Note to self, don't use "rougher" as a safe word.

Good to know.

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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 7:48:19 PM   
WebWanderer


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quote:

ORIGINAL: Toysinbabeland

Note to self, don't use "rougher" as a safe word.

Good to know.



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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 9:34:21 PM   
njlauren


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A waiver is useless in court, those waiver's you sign when come group has an outing to an amusement park, the thing on the ticket to a ballpark that says the stadium is not liable for batted balls, bats, etc flying into the stands, basically have no meaning in court, you cannot sign away your rights (I have been involved with groups doing things like outings to ballparks and such, and we were told that by the lawyer for the group). Even if you sign a waiver saying "I understand what I am doing is risky, that there is the potential to be injured, etc", that doesn't stop someone who signed one of those from suing for negligence or malpractice if something happens. While this is a tv courtroom show, in a real court it is likely the judge would side with the plaintiff even if he signed a waiver, on the grounds that the domme in this case failed to realize the sub was in distress, and for example, having a hand signal that might not work well if tied up, or failing to see if maybe the guy was safewording...the fact that he had a dislocated shoulder is not normal for a session it indicates to me she was doing something stupid, that she tied him up wrong in some way, it isn't that easy to dislocate a shoulder, it takes pretty significant force to do it.

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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 9:41:20 PM   
DaddySatyr


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quote:

ORIGINAL: Termyn8or

I have long thought about a slave contract and I could damnear do it, but I would never be sure that it could be upheld. I mean really, look at the contracts signed by, for example, professional athletes. There is so much specific performance in them, it really wouldn't be much further to have an actual slave contract. However there must be compensation and if the court decides the compensation is not fair, out goes the paper with the trash.



Term, I'm pretty sure that any contract to engage in illegal activity (Assault, let's just say) is automatically null and void. I know I frequently hear that "you can't have a contract to do something illegal".

I'm not positive if it's true but I've been in enough courtrooms and heard it "upheld" enough that I'm reasonably sure that it is accurate.



Regards,



Marvin Mitchelson


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RE: BDSM session gone wrong on "America's Court wi... - 7/26/2013 9:44:29 PM   
njlauren


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A slave contract has no meaning in a court of law, and could not be used, for example, to try and get an M off the hook if an s got hurt and they were arrested for assault,as proof it was agreed upon by the slave that they could do anything they wanted to them. A slave contract has zero meaning in court, and if they decide something was assault, consent through a contract or anything else means nothing.

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:16:17 AM   
searching4mysir


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quote:

ORIGINAL: Toysinbabeland

Note to self, don't use "rougher" as a safe word.

Good to know.



"You pussy, is that the best you got?" isn't a good safeword either.

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:23:39 AM   
Toysinbabeland


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quote:

ORIGINAL: searching4mysir


quote:

ORIGINAL: Toysinbabeland

Note to self, don't use "rougher" as a safe word.

Good to know.



"You pussy, is that the best you got?" isn't a good safeword either.



"Coward" doesn't yield the finest results either...
Go figure.

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:23:49 AM   
LadyPact


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quote:

ORIGINAL: Charles6682
Accidents do happen.

quote:

The guy said his shoulder was pulled out of his socket.

That's the problem right there. Had the "pro" known what in the hell she was doing, a simple tie wouldn't have resulted in an injury.



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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:26:06 AM   
mnottertail


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quote:

The guy said his shoulder was pulled out of his socket.

That's the problem right there. Had the "pro" known what in the hell she was doing, a simple tie wouldn't have resulted in an injury.


WTF? Some 20 year old snot nosed fuckin findomme? If she was a pro, she would have adapted and beat the sub to death with the arm.....now that, my friends, is real bdsm.



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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:41:57 AM   
Missokyst


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The episode involved a dislocated shoulder. His safe word was hot sauce, but she had him gagged and inaudible. She tightened the ropes tighter and tighter and as the pain rose to intolerable levels, he tried saying hot sauce and she heard harder. He had sessioned with her on prior dates but that time she was harder on him and had added the gag.
She was not insured, and in my opinion got what she deserved. As a pro she should be insured and more importantly should be paying attention to her PAYING client. If I as an amature is topping someone I am not going to ignore it when someone is trying hard to express himself to me. If she could not hear that he was saying hot sauce maybe it is time to take off the gag, for petes sake. She lacked sense.


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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:51:19 AM   
Toysinbabeland


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quote:

ORIGINAL: LadyPact

quote:

ORIGINAL: Charles6682
Accidents do happen.

quote:

The guy said his shoulder was pulled out of his socket.

That's the problem right there. Had the "pro" known what in the hell she was doing, a simple tie wouldn't have resulted in an injury.





Fully agree.
How does that pro not give themselves an avenue to gauge their subject? Poor planning. Irresponsibility.

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 10:11:39 AM   
DaddySatyr


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From: Pittston, Pennsyltucky
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quote:

ORIGINAL: Toysinbabeland


quote:

ORIGINAL: searching4mysir


quote:

ORIGINAL: Toysinbabeland

Note to self, don't use "rougher" as a safe word.

Good to know.



"You pussy, is that the best you got?" isn't a good safeword either.



"Coward" doesn't yield the finest results either...
Go figure.



I've always thought that for a straight male submissive or a bisexual or gay female submissive, "You hit like a girl" might not be such a good one, either.



Peace,



Marquis De Sade


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Screen captures (and pissing on shadows) still RULE! Ya feel me?

"For that which I love, I will do horrible things"

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 10:39:58 AM   
Termyn8or


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quote:

Term, I'm pretty sure that any contract to engage in illegal activity (Assault, let's just say) is automatically null and void. I know I frequently hear that "you can't have a contract to do something illegal".


I agree about the "difficulties", but there is one other thing. What about boxing ? Boxing, wrestling, in fact any sport. You can't sign off ? Well that means that if you get hurt as a professional football player you could sue the other players right ?

That is my point, there IS a way I just don't really know it. I know they stopped doing it but they used to have bear wrestling in some of the bars around here. They got the bear all high on (the bear equivalent of) valiums or something so he wasn't really vicious, plus he was used to people, but obviously it is quite possible to get hurt. Somehow you need to not get sued out of business.

So what then is the difference ? Even the boxing example, there is amateur so there is no compensation. That can't be it.

Now granted certain misconduct on a football field could get one sued. For example pulling out a gun and shooting a player on the opposing team would be a nono. There would also be criminal liability. But if the issue is the letter of the law and nothing but, those players, within the rules, commit assault and batter upon each other in every game.

I can see it now "The plantiff charges that the defendant assaulted and battered him while in the perfomance of his lawful employment deliverig a product (commonly referred to as a football) to a specific location (across the goal line) in a timely manner (before the fourth down). Plantiff also seeks damages for restraint of trade and violation of civil rights"........

So, while it may not have been found as of yet, I do believe there is a way. Now we get to another point. Even though there is say a waiver that holds water under normal circumstances, we are talking about a dislocated shoulder. First of all I'm sure it was an accident, as would be a broken bone in a football game, but the wreckless conduct could result in legal culpability. But under normal circumstance, a player is quite indemnified.

It cannot really cover permanence either, otherwise piercers and tatooists would have to just stop. The guy who got busted years ago for branding his kids, with their consent, if they would have been of age legally there would not have been a problem. If you can lkegally stick needles in it and put holes in it, why not burn it ?

Someday some hotshot kinky lawyer might really find a way. I am almost sure that it would entail considering/treating the session as a sporting event. Perhaps an endurance test approach ?

With all the legal mumbo jumbo in this country, I am sure it can be done, but like I said I am not so sure that I could do it. I KNOW it would have to be like a sporting event. Endurance test. Something like that. Restraint isn't shit, look at the shit they did on Fear Factor. Damn, that one where they got the Woman strapped down with all the tarantulas and crickets crawling all over her is HOT, regardless of the squick factor. But some of those stunts do qualify as torture plain and simple. (about that episode, there was one Woman who couldn't do it and they backed out, I always wondered why she didn't say to her Husband "How about YOU go in the tank and I get the key and get you out ?)

Damn, you know what ? They don't need waterboarders to torture people in Gitmo, just get Joe Rogan and the boys down there !

Even the non-bondage stunts, some of the things they ate are dangerous to eat. Insects that have barbs to tear up the esophagous and all that, nasty if you don't do it right or are unlucky. And what of stuntmen in the movies ?

There has to be a way.....

T^T

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 12:21:23 PM   
Missdressed


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In the UK there's a special category/dispensation for sports.

And some argument that consent is only a defence to assault from BDSM activities if the parties are married, and if they are not, then consent is not a defence.

(Yes, I listened very carefully in those lectures)

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RE: BDSM session gone wrong on "America's Court wi... - 7/27/2013 8:00:54 PM   
Toysinbabeland


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quote:

ORIGINAL: DaddySatyr

quote:

ORIGINAL: Toysinbabeland


quote:

ORIGINAL: searching4mysir


quote:

ORIGINAL: Toysinbabeland

Note to self, don't use "rougher" as a safe word.

Good to know.



"You pussy, is that the best you got?" isn't a good safeword either.



"Coward" doesn't yield the finest results either...
Go figure.



I've always thought that for a straight male submissive or a bisexual or gay female submissive, "You hit like a girl" might not be such a good one, either.



Peace,



Marquis De Sade




Although the phrase "Thanks for the love tap you big pussy" doesn't seem to take it too far,
Love,
Seth Mcfarlane

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