njlauren
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quote:
ORIGINAL: DesFIP
quote:
ORIGINAL: Crouchingtiger77
DesFIP quote:
Especially if they both tell the DA they're going to the media to point out the waste of money by the DA simply because he doesn't share their sexual tastes.
The DA may share their sexual tastes but when said DA works every day putting away pure scum who commit rapes, physical assualts which result in injury to sometimes permanent injury, do you think they are going to then back off when someone insists that the broken arm the slave received was consensual in nature? or broken ribs, or other forms of injury.
If you do things so wrongly that you do break her arm, then you deserve some kind of consequence. I'm talking bruises from a paddle seen when you have a car accident. Not a top who obviously isn't safe to play with.
And the law preventing you from consenting to assault could easily be challenged. I was allowed to consent to my minor child being assaulted by playing contact sports. It would be easy enough to compare consensual s & m to that. Because if I'm capable of making that decision on behalf of a minor who is not considered capable of making such a decision, then I damn well am capable of consenting to it for myself.
Moreover, I'm in NY and the only cases I know of that have come to trial over the last 30 years were obviously nonconsensual. A man killed by his lover. Whether or not he meant this as murder or just fun choking doesn't matter, the lover died. And someone who agreed in an internet ad and when she tried it, changed her mind but was kept prisoner. If two cases in 30 years qualify as a tough state, I'd like to see what constitutes an easy one
The second case I suspect was the Janovic case, and if it was, the girl in question was not kept as a prisoner. The DA in the case I am talking about stated from the beginning that there could be no consensuality, and basically said the guy who did it was guilty even if the girl had consented. The trial itself had a judge who agreed, and refused to allow the e-mails between the girl and the guy in question be admitted as evidence, he said they weren't relevant. The DA was head of the sex crimes unit and was quite famous, and she also had the 1970's feminist view that BDSM with a female sub was abuse, period (this all was in the papers). Plus someone I know is one of the founders of the NCSF, and they were involved.
On appeal, the upper court ruled that the judge had ruled improperly, that he and the DA were wrong about consent and the e-mails, and the full DA, Morgenthau, refused to retry the guy,in effect saying they had no basis, and not long afterwards, the ADA stepped down (rumblings from a family member who had worked there was that they felt the ADA had gone off on a personal vendetta). What happened in that case was the girl consented, they spent the weekend, and then afterword freaked out, it basically was like a person who has sex with someone else, freaks out, then accuses the other person of rape out of shame and guilt.....
I recommend that if anyone is interested, go to the website for the national coaltion for sexual freedom and read up. It all boils down to where you are on how the law is applied, but yes if you went to the ER with bruises and abrasions and such and they suspected abuse, they would report it, and it could end up with someone being charged with abuse, even if the person says it was consensual. It depends on the DA and it depends on the law, in NYC these days they are relatively sophisticated, but that is no guarantee. In another part of NY state, you may not have the same thing, not all that many years ago there was cause celebre in the BD/SM community, was called something like the Houghton case, where a couple was into S/M, they went to play parties and such, and had a video of them playing..a disgruntled friend took a copy of the tape, and gave it to the cops..the couple was arrested, they lost their jobs, the kids were taken away, not because the kids were involved (they weren't, they hadn't been exposed to anything), all because they were into S/M play..and it was a mess, wasn't helped by some local asshole Bishop who pronounced the couple 'degenerates' and raised this whole big stink, it was a mess, and this kind of thing still goes on. It is one of the reasons there are lists of doctors who are kink aware and there are all kinds of guides on the net on how to deal with the law.
And yes, it can be hard, as someone else pointed out victims often will deny the abuser (talking real abuse) did anything, so it can be hard to sort it out, which doesn't make it easy. It is why groups like NCSF exist, to help law enforcement and medical practitioners to know the difference so that it can be handled fairly, but doesn't always happen.
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RE: Question on Bdsm and the Law - 
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