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RE: Question on Bdsm and the Law - 4/24/2014 3:47:26 PM   
imtempting


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My opinion is if you need to go to a doctor over injuries in bdsm then the play has gone too far. If someone likes their arms broken then they need help professionally. There is something not right if someone likes their arm broken for fun.

(in reply to JeffBC)
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RE: Question on Bdsm and the Law - 4/24/2014 4:38:36 PM   
SeekingTrinity


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~FRing it~

Really all I can do to honestly protect myself as much as I can is to choose not to play casually with people and to have established trust with the people I do interact with. Well, I also don't tend to stray to the more...hardcore...end of S and M.

That and leave no witnesses

(in reply to JeffBC)
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RE: Question on Bdsm and the Law - 4/24/2014 7:05:54 PM   
Darkfeather


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Look, you are worrying about this way too much. Going to the ER with injuries will only incur suspicion if they are consistent (you have a history of coming in with the similar injuries all the time) or fit the profile of abuse (unexplained broken limbs, burn marks, cuts, etc). They aren't going to call the cops if you go to the ER with a giant black and blue mark on your ass because you fell down the stairs and landed on it. Nor are they going to call the cops if you broke your arm falling down in the bath tub. You don't even have to disclose your BDSM activities, though it would be the easiest way to explain some marks. But as long as there is a good faith easy explanation for any injury, an ER visit will not result in police intervention

*edit to add, meant to reply to Crouchingtiger77*

< Message edited by Darkfeather -- 4/24/2014 7:11:24 PM >

(in reply to SimplyMichael)
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RE: Question on Bdsm and the Law - 4/25/2014 8:20:04 PM   
DesFIP


Posts: 25191
Joined: 11/25/2007
From: Apple County NY
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quote:

ORIGINAL: JeffBC


We have a poster on these forums who likes her play pretty damned rough... rough enough that it's not impossible to imagine being thrown around and something going wrong and presto, broken bone. I personally find this poster entirely level-headed and sensible in every respect. She just grooves on the extremes of real fear.

My own opinion is that bodies suffer injuries in the pursuit of fun all the time. I might quite a bit more likely break something roller-blading and I would see such a thing as "risk aware consensual roller blading".



Agreed upon primal play is not what I was referring to. I was thinking of someone who doesn't know what he's doing and suspends someone to an eye hook which pulls out of the ceiling causing her to fall and get hurt.

If you go out hunting and shoot another hunter or the farmer's cow, you can't claim stupidity as a reason. You will have consequences. Same with edge play, if you don't know how to do it safely, then you shouldn't do it.

But the primal play you mentioned is exactly like a contact sport and as such, yes you should be able to agree to it. Again, if you insist, and bring your lawyer along to help talk to the police, that you knew what you were doing, that your doctor knew about your play style, then I don't think you would have any difficulty.

Abused spouses don't look up at the nurse or the police officer and laugh when they say they had a great time up until they fell wrong and they can't wait till they heal to do it again. If you're relaxed and open about it, no one will insist that it's abuse.


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RE: Question on Bdsm and the Law - 4/26/2014 7:20:18 AM   
OriginalRebel


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In the UK SM activity is an illegal assault if it results in marks or injuries which are more than transient and trifling http://www.spannertrust.org/documents/smandthelaw.asp

Keep in mind, it is illegal to consent to SM activities that result in more than transient or trifling injuries. This means both the masochist and the sadist could be found equally guilty. The problem with this is, harsh play casual relationships become risky because if the masochist feels threatened by the law, she/he may just cry assault.

Also keep in mind that not a single case in the UK, when both parties testified, has resulted in those parties being found guilty. The police are well aware that this sort of case is expensive and a waste of time because up to now every case has been laughed out of court by the judge. For this reason, the law isn't likely to come after a couple or a group that claim their bruises were administered during a consensual act.

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RE: Question on Bdsm and the Law - 4/26/2014 7:29:16 AM   
OriginalRebel


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Its all here https://ncsfreedom.org/key-programs/consent-counts/consent-counts/item/580-consent-and-bdsm-the-state-of-the-law.html for you to peruse at your leisure.

(in reply to OriginalRebel)
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RE: Question on Bdsm and the Law - 4/26/2014 7:42:38 AM   
Charles6682


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I think in Florida a lot has to do with how mentally alert someone is. If someone seem's like they are out of it because of drugs or severe mental illness, then there could certainly be an issue. Or depending on just how severe the mark's are on someone. Overall though, if its between 2 functioning consenting adults and no one is severely hurt, then from what I understand, its perfectly legal here.

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(in reply to JeffBC)
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RE: Question on Bdsm and the Law - 4/26/2014 8:52:01 AM   
KnightofMists


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quote:

ORIGINAL: OriginalRebel


Also keep in mind that not a single case in the UK, when both parties testified, has resulted in those parties being found guilty. The police are well aware that this sort of case is expensive and a waste of time because up to now every case has been laughed out of court by the judge. For this reason, the law isn't likely to come after a couple or a group that claim their bruises were administered during a consensual act.


I agree with this... I have yet to come across a single case prosecuted by the law in which all parties considered it a consensual act.

This is not to say it might not be possible or maybe has happen... But it is a Pandora's box to open for any prosecutor.

HOWEVER... There has been many cases where BDSM has been in the centre of it all and cases where everyone entered into it consensually. But somewhere along the way the consent changed and you find yourself in cuffs as a result.

I do primal play. I leave bruises that have stayed for weeks. I left scares that lasted for years and some maybe will last life time. If my partners should decide to bring it to the authorities I would be screwed!

Which brings me to my final and most important point. Choose your partners wisely! It is just not enough to play safe in the acts of BDSM if you are not equally safe in the partners you choose to play with.

Edited to add.... Make a mistake in play.. You might need a nurse .. Make a mistake in who you play with.. You might need a lawyer.

I prefer the former than the latter. I known a few that needed the nurse.... But never a lawyer.



< Message edited by KnightofMists -- 4/26/2014 8:55:20 AM >


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An Optimal relationship is achieved when the individuals do what is best for themselves and their relationship.

(in reply to OriginalRebel)
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RE: Question on Bdsm and the Law - 4/26/2014 12:54:12 PM   
Crouchingtiger77


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For those of you from Germany, what has been your experiences in that country?

(in reply to KnightofMists)
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RE: Question on Bdsm and the Law - 4/26/2014 2:01:34 PM   
ClassAct2006


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Yes, even in the Max Mosley case when the newspaper who'd set him up tried to argue they had a "duty" to uncover an illegal act because the marks on his buttocks showed more forced used than he could consent to that point was dismissed by the judge.

I have never had a major issue with this as hardly ever see a doctor and not into anything too extreme but it certainly pays dominant men to be very careful and not do anything too damaging as in the UK and US what was consensual when people are going out after when one of them is upset by the break up they have in some cases tried to involve the authorities and / or tried to say the children should move residence.

Finally the UK is considering a law prohibiting emotional abuse and coercive control which I can understand but if it goes ahead it's going to be very hard to tell the difference between consensual dominance and non consensual.

quote:

ORIGINAL: OriginalRebel

In the UK SM activity is an illegal assault if it results in marks or injuries which are more than transient and trifling http://www.spannertrust.org/documents/smandthelaw.asp

Keep in mind, it is illegal to consent to SM activities that result in more than transient or trifling injuries. This means both the masochist and the sadist could be found equally guilty. The problem with this is, harsh play casual relationships become risky because if the masochist feels threatened by the law, she/he may just cry assault.

Also keep in mind that not a single case in the UK, when both parties testified, has resulted in those parties being found guilty. The police are well aware that this sort of case is expensive and a waste of time because up to now every case has been laughed out of court by the judge. For this reason, the law isn't likely to come after a couple or a group that claim their bruises were administered during a consensual act.


(in reply to OriginalRebel)
Profile   Post #: 30
RE: Question on Bdsm and the Law - 5/13/2014 1:45:06 AM   
outlawphoto


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quote:

ORIGINAL: Pyramus

In California, there is no such thing as consensual BDSM.
If there are "marks", the law has been broken.
Consensual or not.


That's not exactly accurate. It's true, the law seeks to protect victims from ongoing and systematic abuse by allowing prosecution without the cooperation of the victim, but that doesn't mean you break the law simply by leaving marks on your partner from consensual play. It is true you may be subjected to extra scrutiny, and in extreme cases, they may even try to prosecute you, but if your partner is a witness for your defense, I find it really hard to believe you'd be convicted of committing a crime. I seriously doubt it would even get that far. Police officers know a victim of domestic violence when they see one (they deal with so many of them it becomes pretty obvious) and kinky lifestyles have become main stream enough that everyone is at least somewhat familiar with the fact people engage in them consensually.

(in reply to Pyramus)
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RE: Question on Bdsm and the Law - 5/14/2014 9:35:51 AM   
Rhodhissian


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In the south I believe the line is pretty much drawn at practicing medicine without a license typically. So if you give your loved one prescription or street drugs, perform any kind of surgery where you are actually removing something, breaking bones for "therapeutic" reasons, etc. You can be charged with something. Unless you claim to be a doctor, that someth9ng will notnactually *be* practicing meeicine without a license, but some manner of aiding and abetting, assault, battery, indecent liberties, etc.

(in reply to outlawphoto)
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RE: Question on Bdsm and the Law - 5/14/2014 9:47:42 AM   
Greta75


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In my country, everything is fine, unless the person who got the bruises wants to press charges against you.

Which is kinda annoying, I know it sucks for bdsm people but there are real women who gets bruises non-consensually, and I think something should be done that it takes the decision out of them. Women in such situation are usually so beaten up and defeated they can't save themselves.

(in reply to JeffBC)
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RE: Question on Bdsm and the Law - 5/14/2014 10:35:12 AM   
FieryOpal


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Joined: 12/8/2013
From: Maryland
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quote:

ORIGINAL: Rhodhissian

In the south I believe the line is pretty much drawn at practicing medicine without a license typically. So if you give your loved one prescription or street drugs, perform any kind of surgery where you are actually removing something, breaking bones for "therapeutic" reasons, etc. You can be charged with something. Unless you claim to be a doctor, that someth9ng will notnactually *be* practicing meeicine without a license, but some manner of aiding and abetting, assault, battery, indecent liberties, etc.

(and yours, too Greta, lest anyone lose sight of actual worldwide cases of domestic abuse, non-consensual assault & battery, endangerment, etc.)
Thanks for your insights, Rhodhissian, and hope to see you post again.

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(in reply to Rhodhissian)
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RE: Question on Bdsm and the Law - 5/14/2014 1:37:47 PM   
CynthiaWVirginia


Posts: 1915
Joined: 2/28/2010
From: West Virginia, USA
Status: offline

quote:

ORIGINAL: imtempting

My opinion is if you need to go to a doctor over injuries in bdsm then the play has gone too far. If someone likes their arms broken then they need help professionally. There is something not right if someone likes their arm broken for fun.


When I was in high school, I had a crush on a boy who was into motocross (spelling?). At one time or another, through numerous accidents, he had managed to break almost every bone in his body (excluding back bones and skull). He wouldn't quit his sport because it was FUN. If people can do this with sports or whatever...

Point two... Spit happens. Even with competent people who are careful with safeties. (BDSM is not some magical zone where we're exempted from weird sh*t happening.) A bone could be broken when it "shouldn't have" because the bottom has some unknown medical problem like brittle bones, cancer in that area, etc. The bottom could be tied up, suspended, and have chest pain...a possible heart attack, and I can imagine both partners struggling to put things to rights before the ambulance arrives (for privacy reasons)...AND getting fubared, having a fall that breaks a bone.

What if I had been on the other side of the kneel, and in deep play when those blood clots hit my lungs? It was my birth control pills that did it, but during a scene the Top would have phoned 911 and would have been scared to death that whatever bondage we had been up to, etc., would have caused the emergency that almost killed me.

After a scene, bo is so high as a kite that when he walks anywhere I'm right beside him, keeping him from running into sharp corners and/or tripping. (Because of his brain injury from being crushed in a slate fall, he has to walk with a cane most of the time.) It's possible that we both would break bones in a fall (I am very good at breaking my own bones, keep this in mind). We're old and disabled and I'm quite large; if I had to protect him by cushioning his fall I'm going to break one of my bones.

If I can shatter my lower right leg just by going outside to get my mail on a rainy day, should I have intervention forced upon me and be made to go to a shrink...just because I have this unhealthy need to go back out there (even if it's raining) to go get my mail...?

I was also in a car accident as a kid and got hurt...and yet I still get in motor vehicles and venture forth into traffic.

Women go to doctors over sex all the time. They get hurt from sex (just ask any woman who planned on having orgasms and instead got knocked up and had a baby...labor, episiotomies (sp?), and cesareans F*ING HURTS!).

Even when people know safeties (wear helmets, use seat belts, and use condoms, FFS), accidents can happen. My boy built his house from the ground up but he still messed up installing the hoist in the ceiling this past year. I had him cuffed up and four feet up in the air when it broke out of the wall. I hurt my back catching him (but didn't break any bones, yay!). It's fixed now and we've used it dozens of times without any problems. What we do...risks some injury. I've even tripped over some of his PTSD buttons by mistake, while at other times I've done this on purpose.

I'm fully aware that I've topped people who could "go feral" and hurt me without meaning to.

I could also have a heart attack, have a stroke, whatever, while my partner is tied up and cannot phone 911 in time to save my life.



(in reply to imtempting)
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RE: Question on Bdsm and the Law - 5/14/2014 2:44:54 PM   
MrRodgers


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Correct me if I am wrong but the victim (bottom) would have to testify against the top. If doing so against the bottom's wishes, i.e., under subpoena, results in a hostile witness rendering such testimony tainted or at least suspect toward conviction.

The defendant does not need to testify. So prosecutors rarely go forward knowing full well how difficult it is to get a conviction.

(in reply to CynthiaWVirginia)
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RE: Question on Bdsm and the Law - 5/14/2014 3:08:25 PM   
BecomingV


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That already happened.
quote:

ORIGINAL: Darkfeather

There is even a movement in most states to allow non-consent prosecution of domestic abuse. That means they would no longer even need the victim to press charges in suspected violence cases.


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RE: Question on Bdsm and the Law - 5/14/2014 3:11:22 PM   
BecomingV


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Get involved with NCSF National Coalition for Sexual Freedom, if only at the least, to keep up with the inroads they make through court cases and such.
quote:

ORIGINAL: Crouchingtiger77

quote:

It's a tough call for anyone in that situation and also one of the principal reasons why I won't indulge in such activity.


Freedomdwarf, do you think this means that persons who do go to the point of inflicting marks which if seen by a medical professional, that said acts then is like playing Russian Roulette?

The next question would be this, for those Dom's, Domme's, Masters, Mistresses who do take it to the point of leaving marks which can be intrepreted as abuse by others, what do you do to protect yourself without breaking the law in so protecting self?


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RE: Question on Bdsm and the Law - 5/14/2014 4:13:59 PM   
Arianna92


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quote:


It would be nice if there were ways of being able to have consensual not just torture, bruising, but what the slave craves and not have any type of reprocussions.


In theory, yes, in practice, such a law hat too much potential to be misused by abuse perpetrators and- sadly - victims, to cover up actual abuse. Abuse and sexual violence are already hard to persecute as it is. Plus, abusive relationship and bdsm play are not mutually exclusive, not at all, what if the person who has 'play marks' also exhibits all the signs of an abuse victim?

As people have said already, the laws may formally be there, but hospitals and D.A.s are not going to against consensual players for the sake of it, just to be spiteful. The only way this can happen is if the sub makes false allegations in bad faith and then the discriminator are not the bruises, but the person, who's a gigantic asshole btw, because they're not only putting someone's life and freedom at risk over petty revenge, but also doing a great disservice to all actual abuse victims. Still, making abuse harder to persecute because instances of false allegation may occur is not the way, if only from a practical standpoint, as abuse is so much more common than false allegations.

(in reply to BecomingV)
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RE: Question on Bdsm and the Law - 5/14/2014 6:12:43 PM   
tsatske


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I always tell my docs early in the doc-patient relationship about my sex practices. This is a good idea for everyone to do, rather into rough sex, BDSM, or none of the above.

The last time I was hospitalized, I told the care providers in my intake that I may have bruises and that they were consensual. During my stay, I was asked on a daily basis either 'Are you afraid of anyone?' or 'has anyone hurt you in the last year?' It was clear it was not done because of my bruises, but because this is now one of the standard assessments, along with BP, heart rate, breathing and pain level. Each time I answered either 'no' or 'not unconsequentially', as was relevant to the question. With the second answer I was smiled at and nurses or doctors muttered, 'well, that's not abuse' and went on with their assessment.

If you try to hide things from your doc, you are much more likely to set off alarm bells in their heads.

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~Dr. Seuss quote

(in reply to JeffBC)
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