Caretakr -> RE: ...So long as it is legal (7/4/2006 8:29:03 AM)
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quote:
ORIGINAL: MistressOfGa quote:
ORIGINAL: MHOO314 First of all MoG, I am pleased to see you active posting again, I assume there are now more joyous rainbows in your life---<smiles> MH, Thank you, and yes there are many more joys in my life than there were when we last spoke. It feels good to post again :) <hugs> as always. You ask a good question---however, having been a police officer in and worked for safety in our life for years---I think we need to look at legallity, consensuality and common sense---for example: Two consenting adults engage in breath play--legal-- as they consented and it is not an act against the law---one dies--now legality, consensuality and common sense have flown out the window and a crime has been committed. Two consenting adults--agree that one will be tied to a tree naked in the woods and left--said tree hugger gets snake bit and dies while waiting for the other to return---legal, consensual--common sense--well one could argue---but at the point of death---it becomes illegal, proof of consent lost and common sense will be tested before a jury of peers. I agree and normally I dont write up actual contracts with my submissive, however, in this case I would have a consent form for him to sign. Will it be a legal piece of paper? I don't know. But it will prove that he wanted to be tied to the tree and left there. Will it keep me from going to prison, should he die while tied to the tree? I don't know. But this is information that I would make an effort to find out before we engaged in that type of play. Yes, these may be extreme cases, BUT they prove a point-- When most of us talk of legality, consensuality---we ASSUME this is all tempererd with common sense--and this is no different than in vanilla life---but we tend to dance on the saber in our world more than others. IMHEO, at all times those three things must be factored in together--then the fourth and fifth ingredients must be added----skill and ego. Lack of skill and an overinflated ego can make the three key elements fly in the face of illegality---My point is, legal--as long as you don't get caught, something goes wrong, or someone doesn't get peod and scream abuse---once that happens---it becomes a crime. But, does it become a crime if the one screaming abuse has signed a piece of paper saying that they wanted the "abuse" to happen? Maybe they can say that they were forced to sign it, but that is why we have notary's. By the way, this is for arguments sakes, personally *I* would not tie anyone up and leave them alone. Waivers to sign rights away usually don't hold up in court-it's too easy to argue that they were cooerced. You are still back to having to do right, and keep your partner's trust. There are no quick fixes, and codification and structure alone will never be adequate replacements for basic relationship skills.
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