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RE: BDSM Groups and the Law - 12/28/2004 1:01:55 PM   
MemphisDsCouple


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From: Memphis, TN, USA
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quote:

ORIGINAL: 1RottenJohnny

Eureka!! Now HERE'S an idea! I'm going to seriously look into this. Anybody else interested? Anybody got some info on marine law?


Like I said, I'm not a lawyer but the casinos moved into the state of Mississippi just south of me some years back. Based on watching that get legalized I can tell you it's not a matter of marine law. The states that have riverboat gambling amended their respective constitutions (and/or whatever other state laws were involved) to legalize gambling so they could get the tax, tourist revenue and employers. Within their amended statute(s) they invariably authorized gambling on riverboats only in order to restrict the locations of gambling joints. (So they wouldn't have them popping up all over the state.) The gambling thing is a matter of state law, not marine law.

That said, you can catch boats for gambling junkets from Miami and some other cities (primarily in Florida) that sail offshore far enough to be outside the internationally recognized legal territory of the USA. There, in international waters, being captain of a vessel is as close as it gets in this world to a self-ruled kingdom. (Discounting, of course, actual dictatorships, of which none are available at this time. To my knowledge. Although a coup d'etat is always a possibility.)

Postscript:

You are welcome to print or save this post for your own use. Please do not copy it to any public or semi-public forum (including email groups/lists) without my express permission. Thanks. All rights reserved. (I write this postscript because after-the-fact someone wrote to me to inform me that they had copied a prior post I wrote to another list. So, I thought I'd better clarify what my preference/policy is regarding use of what I write.)

B. (the male half of MemphisDsCouple)

(in reply to 1RottenJohnny)
Profile   Post #: 41
RE: BDSM Groups and the Law - 12/28/2004 1:35:50 PM   
1RottenJohnny


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Thanks for the input, B. Something I have been considering is the fact that a portion of the Great Lakes is considered Canadian territory. I'm investigating the differences between US and Canadian law regarding such an idea.
As far as copying your post you needn't worry. I understand your concerns and have no intention of taking this subject to any other sites nor duplicating ANYONE's posts.
If you have any other input it is certainly welcome.

(in reply to MemphisDsCouple)
Profile   Post #: 42
RE: BDSM Groups and the Law - 12/28/2004 1:39:31 PM   
stef


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If you're on a vessel of US registry in Canadian waters, especially one 'loitering about', you had better be prepared for the very real chance of being boarded and searched. That might tend to put a damper on your party and scare off prospective attendees.

~stef

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(in reply to 1RottenJohnny)
Profile   Post #: 43
RE: BDSM Groups and the Law - 12/28/2004 1:51:55 PM   
1RottenJohnny


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Yeah...I thought about that. Not a pretty picture either. It really depends on who's laws would be more relaxed about it. That would probably determine how the ship should be registered and where it's docked. I wonder if there's a REALLY big lake in Nevada? (chuckle)

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Compassion is a wonderful thing...taken in moderation!

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Profile   Post #: 44
RE: BDSM Groups and the Law - 12/28/2004 3:25:29 PM   
Hawkins


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From: I'm English but I live in the Netherlands
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Well, if Canadian Coastguards did board, I think they'd probably just go "Eh, a pervy party aboard a boat, how aboot that, eh?", and leave.

Isn't Canada meant to be liberal?

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People living in glass paradigms shouldn't throw stones...

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Profile   Post #: 45
RE: BDSM Groups and the Law - 12/28/2004 3:42:49 PM   
poolman9276


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Going back to the consent issue, I am no lawyer, but it strikes me that "consent" is at the very heart of the matter. I don't know the legal definition of "assault," but I would imagine that the common-sense understanding of assault is being physically struck by someone when you don't wantto be. If you do want to be, then by definition (it would seem) that it's not assault, nor assault and battery.

And isn't it the case (as often in domestic violence instances) that there is no case against the assaulter unless the assaultee presses charges?

But common-sense and law, as we know, do not always agree.

As to the realities of the situation, I agree we are all at the mercy of the hypocrites and zealots, as has been true throughout history (Galileo, Copernicus, Socrates). Remember what happened not long ago in Wenatchee, Washington when a police chief ruined dozens of lives by falsely accusing people of child molestation and devil worship.

Not all of us are in a position to fight the powers that be -- but I am grateful for those who do. A few decades ago, at a raided bar in Greenwich Village, a bunch of gays stood up to the cops, and thanks to them today we are on the verge of gay marriage. Likewise, half a century ago a brave woman named Rosa Parks plunked herself down in the white's-only section of a bus -- and ignited the civil rights movement.
(excuse me if my history is slightly fuzzy).

As to the reputation angle, take heart from this quote: "I never realized what a burden reputation was until I'd lost it."



(in reply to 1RottenJohnny)
Profile   Post #: 46
RE: BDSM Groups and the Law - 12/28/2004 3:44:35 PM   
MemphisDsCouple


Posts: 146
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From: Memphis, TN, USA
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Hi Johnny.

The Postscript I included was not directed toward you, or any other individual. I include it in most (not all but most) of my posts for the reason explained in the Postscript. It's kind of a personalized "signature", if you will. I find it a constructive inclusion. Thanks for your understanding.


quote:

ORIGINAL: 1RottenJohnny

Thanks for the input, B. Something I have been considering is the fact that a portion of the Great Lakes is considered Canadian territory. I'm investigating the differences between US and Canadian law regarding such an idea.
As far as copying your post you needn't worry. I understand your concerns and have no intention of taking this subject to any other sites nor duplicating ANYONE's posts.
If you have any other input it is certainly welcome.



_____________________________

B. (the male half of MemphisDsCouple)

(in reply to 1RottenJohnny)
Profile   Post #: 47
RE: BDSM Groups and the Law - 12/28/2004 3:46:48 PM   
poolman9276


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My post was meant to be general, not in reply to anyone in particular. Still learning how to use this confounded contraption.

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Profile   Post #: 48
RE: BDSM Groups and the Law - 12/28/2004 4:27:16 PM   
MistressDREAD


Posts: 2943
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quote:

I agree we are all at the mercy of the hypocrites and zealots,


With most of the hypocrites and zealots right here with in Our group............LOL!


Im sure there is plenty of ocean not far from the lake that leads to the ocean on the
OTHER side of Michigan...........LOL hmm International waters whippin Intro 101
has a nice ring to it............


Id like to quote something here from a Master Freind of Mine....... If You think You can
or if You think You cant YOU ARE absolutley RIGHT!!

(in reply to poolman9276)
Profile   Post #: 49
RE: BDSM Groups and the Law - 12/28/2004 4:30:52 PM   
Mercnbeth


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Status: offline
quote:

Going back to the consent issue, I am no lawyer, but it strikes me that "consent" is at the very heart of the matter. I don't know the legal definition of "assault," but I would imagine that the common-sense understanding of assault is being physically struck by someone when you don't wantto be. If you do want to be, then by definition (it would seem) that it's not assault, nor assault and battery.


poolman -
Interestingly enough your comment although rational and logical is not correct. It surprised me to learn that in Las Vegas, the identified US capital of sin and degradation does not have any public BDSM clubs. We met a couple from Vegas at the Folsom Fringe and visited them and were surprised that all parties there are held in peoples homes.

The police's position is that you CAN'T consent to assault. So regardless if the contact is consensual or marital status, if they witness or even just see the evidence of prior BDSM activity they have the option of arresting the party responsible for the marks. I didn't believe it either but accept what these locals say.

(in reply to poolman9276)
Profile   Post #: 50
RE: BDSM Groups and the Law - 12/28/2004 4:39:02 PM   
GoddessJules


Posts: 549
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You are right Merc,

In many jurisdictions, if the police (or authorities) are called in on a domestic violence call, the victim does *not* have to press charges. The victim could even be against the person who assaulted them to go jail, but the police have to arrest the perptrator especially if there are visible marks.

J

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Click here to visit my site

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Profile   Post #: 51
RE: BDSM Groups and the Law - 12/28/2004 5:51:50 PM   
kiki blue


Posts: 315
Joined: 1/16/2004
From: Brisbane, Australia
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You lot should come down under, where we're a bit more lenient about things

I'd have to dig up the article to get the exact wording, but according to Queensland law at least, it's not assault if you consent. Which pretty much means that kink stuff isn't illegal, only getting busted with knives or a cat o' nine tails will do you in.


Unless you're psychopath, or something

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Growing old is mandatory, growing up is optional.

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Profile   Post #: 52
RE: BDSM Groups and the Law - 12/28/2004 7:22:36 PM   
topcat


Posts: 1675
Joined: 1/31/2004
From: Tidewater, VA
Status: offline
quote:

but it strikes me that "consent" is at the very heart of the matter. I don't know the legal definition of "assault," but I would imagine that the common-sense understanding of assault is being physically struck by someone when you don't wantto be.


M. Poolman-

That would make sense. Sadly, at least in NYS, a person 'restrained or constrained in any manner' cannot give consent. Properly, under NYS law, if your So says "tie me up and fuck my brains out, and you comply, while all the while they are cheering you on, you have commited rape!

oops...

Stay warm,
Lawrence


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-there is no remission without blood-

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Profile   Post #: 53
RE: BDSM Groups and the Law - 12/28/2004 8:30:17 PM   
1RottenJohnny


Posts: 113
Joined: 11/12/2004
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quote:

ORIGINAL: topcat

a person 'restrained or constrained in any manner' cannot give consent. Properly, under NYS law, if your So says "tie me up and fuck my brains out, and you comply, while all the while they are cheering you on, you have commited rape!


This is how it works in Michigan as well. But what is it that allows the porno industry to make movie after movie of people in bondage having "forced" sex and get away with it? The only evidence of "consent" I've ever seen is the occasional clip of one of the actors holding their license up to the camera and giving some facts about themselves. I realize California must have specific laws regarding this since that's where most porno movies are made but it's not the ONLY place they are made. I have to believe it's going on all over the country to some degree. It seems it should be possible to use these types of laws to CYA. Of coarse I'm sure you'd probably have to have your real name on a piece of paper somewhere, which I don't approve of, but if it allows you to do what you want without retribution would it matter?

_____________________________

Compassion is a wonderful thing...taken in moderation!

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Profile   Post #: 54
RE: BDSM Groups and the Law - 12/28/2004 8:39:19 PM   
1RottenJohnny


Posts: 113
Joined: 11/12/2004
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quote:

ORIGINAL: Hawkins

Well, if Canadian Coastguards did board, I think they'd probably just go "Eh, a pervy party aboard a boat, how aboot that, eh?", and leave.


Now that's some funny shit!

_____________________________

Compassion is a wonderful thing...taken in moderation!

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Profile   Post #: 55
RE: BDSM Groups and the Law - 12/28/2004 11:59:16 PM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
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quote:

oops...


LMBAO!!

(in reply to 1RottenJohnny)
Profile   Post #: 56
RE: BDSM Groups and the Law - 12/29/2004 1:06:58 AM   
harmony3709


Posts: 292
Joined: 11/15/2004
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quote:

ORIGINAL: GoddessJules

You are right Merc,

In many jurisdictions, if the police (or authorities) are called in on a domestic violence call, the victim does *not* have to press charges. The victim could even be against the person who assaulted them to go jail, but the police have to arrest the perptrator especially if there are visible marks.

J


This is absolutely correct, although as with so many things, probably varies from jurisdiction to jurisdiction. This did happen to my son and myself, when he was 16 and experimenting with drugs and alcohol and one night grabbed my arm hard enough to leave a large mark, although he was grabbing me to keep from falling down. The neighbors called the police (mostly due to my yelling at him because of his condition) and my son was arrested for assault, although I made it clear I was NOT pressing charges. In court I STILL told the Judge I had no intention of pressing charges -- this had never happened before nor in the three-plus years since -- and I was told that it did not matter whether I pressed charges or not and he was found guilty of domestic battery and given community service. (Quite frankly, would the arrest and community service have been for the alcohol/drug use, I would have been all for it, but they didn't even mention that.)

harmony


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RE: BDSM Groups and the Law - 12/29/2004 3:06:56 AM   
Lordandmaster


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I'm not so sure about that. This is directly from the NYS Penal Code:

quote:

2. Lack of consent results from:

(a) Forcible compulsion; or

(b) Incapacity to consent; or

(c) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct; or

(d) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or [fig 1] anal sexual [fig 2] conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances.


This does NOT make it sound that consensual BDSM counts as rape.

Lam

quote:

ORIGINAL: topcat

Sadly, at least in NYS, a person 'restrained or constrained in any manner' cannot give consent. Properly, under NYS law, if your So says "tie me up and fuck my brains out, and you comply, while all the while they are cheering you on, you have commited rape!


(in reply to topcat)
Profile   Post #: 58
A short story regarding "The Law" - 12/29/2004 8:35:24 AM   
MizSuz


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quote:

ORIGINAL: MizSuz


quote:

ORIGINAL: Moleculor

The POINT was this:

1. BDSM is illegal.
2. You participating in BDSM means you're breaking the law.
3. BDSM groups are, by definition, illegal.
4. Handing your personal information over to a BDSM group is dangerous, because if they're ever "rounded up" by the authorities, your name, address, and other personal information is in their records, which means the authorites will be knocking on your door next. Even if it's five years later and you only went that one time. So be careful about handing out personal information, and it might be a good idea to try to stick to groups that don't require it.

What, is everyone dense these days?



Not dense, but obviously too diplomatic to get through to some.

I disagree with your points 1 through 3. It's dependant on where you are and how it goes down.

I agree with #4.





There once was a dominant woman in a liberal, northeastern U.S. state who opened her own ‘studio’ for the BDSM arts. Unbeknownst to her at the time, the former tenants had been raided for solicitation/ prostitution by the local police and summarily closed down. The space had been vacant for at least six months. The previous tenant's clients for a while were quite bothersome but when she started screaming (quite loudly) "NO BLOW JOBS, TELL YOUR FRIENDS THERE IS NO SEX AVAILABLE HERE" out the window at them they finally stopped returning.

The night she opened she had a big party, attended by about 80 people. A friend and guest at the party inadvertently fell down the stairs (towards the end of the evening) and, receiving a concussion, required that an ambulance be called to take him to the hospital. Much to the local police department’s credit, the police arrived on the scene before the ambulance. The guests, who were dressed in resplendent fetish attire, were all beginning to leave when the police and subsequent ambulance arrived to care for the poor injured soul. The poor injured soul, being the trampling fetishist that he was, was wearing a pair of leather pants and a wild pair of boots that looked like a cross between fetish/ leather gear and motocross boots. He had no shirt on and someone had written in large letters across his chest “Welcome” with an arrow pointing down. He was loaded into the ambulance and carried away to the hospital in a professional and caring manner, where he received impeccable medical treatment for two days.

The hostess was attired in complete fetish formal wear. She wore a leather corset, a skirt that was bustled and floor length in the back but short up to “there” in the front, fishnet stockings and 6” platform stiletto heels. The police waited for her to change her clothes and then assisted her in finding the hospital while the remaining guests called it a night and departed.

Less than a week later, while the lady was sitting quietly doing paperwork in the studio one evening, there came a knock on the door. When she answered the door it was two of the police that had responded to the emergency call the night of the opening. She invited them up, gave them a tour and explained to them what her business was about. They asked her if she served alcohol to which she replied “definitely not, but I do allow people to bring their own if they are interested in such. It is the common feeling of most in the ‘scene’ to avoid combining alcohol with play, therefore the alcohol is usually kept to a minimum.” The police asked her if she intended to have many of these parties, to which she replied that she expected to give one a month or every six weeks or so. They told her to let them know when she was having a party so they could let their patrols know on those evenings. She invited them to get on her mailing list and gave them the url to do so. Over the next year she had a number of parties of varying sizes. Once the police called her shortly after she had sent out an email regarding a party and asked her to let her patrons know they needed to park on the correct side of the street or they would have to be ticketed. She did and nobody ever received a ticket that she is aware of.

The meat of the story:

One night after a small gathering at her studio the lady, still wearing her fetish wear from the party that evening, took a few of her guests to the local watering hole for some after-party entertainment. When she arrived there was a mysterious gentleman sitting at the end of the bar quietly having a drink. The barman greeted her and she ordered drinks for herself and her guests. As she waited for her drinks to be served the mysterious gentleman said, quite without prompting, the lady’s name and the name of her studio. Intrigued the lady said, “Do I know you?” to which he replied “No, we haven’t met, although I have stood up for you.” A conversation ensued and it was made clear that this gentleman was a local police officer and that, on the night of her opening, the police had returned to their precinct saying “we’ve got another House of Ill Repute opening where the old one was and this one is a doozey.” After discussing the fetish wear that was being worn that night the mysterious gentleman spoke up and said “Guys, it sounds like a BDSM club, not a whore house.” So the police all looked up the statutes and sure enough, as long as consent was in place, the lady was not serving alcohol without a license, and there was no sex for money occurring then no law was being broken. The lady and the mysterious man continued their discussion throughout the night regarding consent and then made some humorous references to a movie called “American Pie” and a specific scene in which one of the protagonists jumped on a guy she was dating and cried “Say my name! Say my name, bitch!” and smacked the guy. The mysterious man said “Ya know I always wanted someone to do that to me.” The lady said “I know a woman who would be happy to do that for you, but knowing that consent must be in place it will be necessary for you to ask, or better to beg, loud enough that witnesses know you requested this service.” The mysterious man then quite loudly said “Mistress, will you please instruct me to say your name, call me a bitch and slap my face?” Complying, the lady in question smiled, grabbed him and yelled at him to say her name and then hit the man so hard that it literally knocked him off his barstool. When he returned to his stool he thanked the lady for her trouble. He went home smiling, rubbing his face and saying “My wife is not gonna believe this.”

Over the next year the police were kind enough to step up their patrols when she had parties. Nobody ever had problems with their cars being vandalized when they came to her studio (which was possible since she was at the end of a dead-end street in an industrial area) and the lady felt quite comforted knowing the police would be quick to respond if there were ever any problems, and thankfully their services were never required. The lady did occasionally answer the phone to requests for sex, to which she always assertively responded with “you are barking up the wrong tree” and the like, and hung up. She believed that at least one of those calls was a police officer checking to make sure that things were as they appeared. It’s even possible that she sessioned one of the police unknowingly. When she closed her studio it was about economics and being tired, and not about legal issues.

So, I must say that bdsm is not illegal everywhere, and whether or not you are harassed regarding your participation in a bdsm function is more dependant on your local laws, the relationship you have established with the local “powers-that-be” and how the situation goes down.


_____________________________

“The more you love, the more you can love—and the more intensely you love. Nor is there any limit on how many you can love. If a person had time enough, he could love all of that majority who are decent and just.”
- Robert Heinlein

(in reply to MizSuz)
Profile   Post #: 59
RE: A short story regarding "The Law" - 12/30/2004 4:32:13 PM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
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I Agree totally Suz
Its all in how You
carry Your selfs
practicing Your
Lifestyles.

(in reply to MizSuz)
Profile   Post #: 60
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