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The legality of what we do - 4/8/2005 4:17:56 PM   
onceburned


Posts: 2117
Joined: 1/4/2005
From: Iowa
Status: offline 		I know in Iowa that the consensual striking of another person is considered a crime. Apparently this is also true in Massachusetts.

But in Oregon there was a 1998 appellate court ruling which seemed to give a thumbs up to consensual play.

So in which states, provinces or countries can we play without fear of the police?
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RE: The legality of what we do - 4/8/2005 4:21:56 PM   
siamsa24


Posts: 2426
Joined: 2/2/2004
Status: offline 		Shoot, it's still illegal to have oral sex in Ohio.
I have had the police called on me before, but they generally don't do anything. There's usually a talking to about keeping it down as to not worry the neighbors, but nothing serious.

(in reply to onceburned)
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RE: The legality of what we do - 4/8/2005 4:24:49 PM   
sub4hire


Posts: 6775
Joined: 1/1/2004
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quote:

I have had the police called on me before, but they generally don't do anything. There's usually a talking to about keeping it down as to not worry the neighbors, but nothing serious.


How loud exactly is it when you have oral sex that the cops get called in?

(in reply to siamsa24)
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RE: The legality of what we do - 4/8/2005 4:55:28 PM   
onceburned


Posts: 2117
Joined: 1/4/2005
From: Iowa
Status: offline
quote:

How loud exactly is it when you have oral sex that the cops get called in?


And do they measure it on a decibel meter or a seismograph?

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RE: The legality of what we do - 4/8/2005 5:09:38 PM   
siamsa24


Posts: 2426
Joined: 2/2/2004
Status: offline 		Oral was not what was going on when they were called, I guess that wasn't clear (or maybe you are joking, I don't know).

It was actually something fairly simple, but I am not a quiet person and the neighbors thought that I was actually being hurt. I guess I should be happy I live in an area where the neighbors are concerned for my safety, but it was still rather embarrassing. The cops just threw that oral sex being illegal thing out there for some reason.

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RE: The legality of what we do - 4/8/2005 5:13:56 PM   
onceburned


Posts: 2117
Joined: 1/4/2005
From: Iowa
Status: offline 		It was good of the cops to be understanding. But its a bit unnerving to think that it could have gone the other way.

(in reply to siamsa24)
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RE: The legality of what we do - 4/8/2005 5:20:28 PM   
siamsa24


Posts: 2426
Joined: 2/2/2004
Status: offline 		Yes, and we have had fairly nasty things happen because of bruises.
A month or two ago I posted a story about something we had happen over Christmas, I will see if I can find it......

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RE: The legality of what we do - 4/8/2005 5:22:47 PM   
siamsa24


Posts: 2426
Joined: 2/2/2004
Status: offline 		Found it, I just copy/pasted it.


I train daily in martial arts and as often as I can in ground fighting. Because I want to be able to win a fight against a man who may be much larger then me I often train with my Dom (who is slightly taller and about 100 pounds heavier). We were training over break and he lost his balance and landed on my hand, hurting my wrist. We thought that is might have been broken so we went of the the free clinic. We had been working out so I was in shorts (this is important).
When we got there we expected to have to wait (it's always that way), but I was rushed right in, leaving him standing in the hall. To explain, I have a severe phobia of hospitals and doctors in general so I was flipping out and yelling for him to come in (I have never been to the doctor alone). Well, to shorten a long story (sort of) the receptionist saw hand prints on the backs of my legs (bruises from the day before) and had called the police, the family services department and the battered women's shelter. After a long and humiliting ordeal we were permitted to go home, but it's something to keep in mind when see a doctor.

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RE: The legality of what we do - 4/8/2005 5:57:49 PM   
SweetDommes


Posts: 3313
Joined: 10/5/2004
Status: offline 		In Indiana, there are some versions of outright rape that are not prosecutable as rape - they aren't even considered sexual assault (I found this out after one of my friends was raped and the police basically did nothing) - but most versions of BDSM are still illegal. It's insanity - someone can force themself onto another non-consensually and it's not rape, but have them spank someone consensually and it's a huge big deal ...

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RE: The legality of what we do - 4/8/2005 7:54:32 PM   
ShiftedJewel


Posts: 2492
Joined: 12/2/2004
Status: offline 		Wow SweetDommes, I didn't realize you were in Indiana too! Hiya neighbor!!

Jewel

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RE: The legality of what we do - 4/8/2005 7:56:57 PM   
SweetDommes


Posts: 3313
Joined: 10/5/2004
Status: offline 		Heh, I've been finding a lot of people here in hick-country lately LOL Nice to see there are some people in the state who aren't so incredibly repressed that they think missionary is the only position physically possible (and yes, sadly enough, I have met people like that).

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RE: The legality of what we do - 4/8/2005 9:05:02 PM   
domtimothy46176


Posts: 670
Joined: 12/25/2004
From: Dayton, Ohio area
Status: offline
quote:

ORIGINAL: SweetDommes

In Indiana, there are some versions of outright rape that are not prosecutable as rape - they aren't even considered sexual assault (I found this out after one of my friends was raped and the police basically did nothing) - but most versions of BDSM are still illegal. It's insanity - someone can force themself onto another non-consensually and it's not rape, but have them spank someone consensually and it's a huge big deal ...


I found out a few years ago there is also such a thing as prosecutorial discretion. Prosecutors have the right to refuse to prosecute, despite whatever evidence there may be to warrant prosecution.

(in reply to SweetDommes)
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RE: The legality of what we do - 4/8/2005 9:49:23 PM   
SweetDommes


Posts: 3313
Joined: 10/5/2004
Status: offline 		That's great - so my friend is raped ... and it could be because of the prosecutor that nothing at all happened??? that blows - in a bad way. It's times like this that I hope and pray that Karma really does work ... while I don't really wish for anyone to be raped (as I have, myself, been through it) it would make the prosecutor feel the same things that Sam felt after he was raped ... and maybe there would be a little more sympathy and support for the next guy who comes in after being raped.

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RE: The legality of what we do - 4/9/2005 8:30:35 AM   
LadyAngelika


Posts: 8070
Joined: 7/4/2004
Status: offline
quote:

So in which states, provinces or countries can we play without fear of the police?


The late Pierre Elliot Trudeau, Prime Minister of Canada from 1968-1979, and 1980-1984 restructured divorce laws and liberalized laws regarding abortion and homosexuality. His rationale was: "The state has no place in the bedrooms of the nation." He said this in 1968.

So for the last 37 years, this makes all consenting sexual acts between adults in Canada, legal. However, acts ending in severe bodily harm and/or death are illegal, as they would fall under the realm of negligence.

No wonder South Park’s parents wanted to Blame Canada, eh?

- LA


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Une main de fer dans un gant de velours ~ An iron hand in a velvet glove

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RE: The legality of what we do - 4/9/2005 10:44:19 AM   
CitizenCane


Posts: 349
Joined: 3/11/2005
Status: offline 		Well, they are actually prosecuting teens for having plain old ordinary sex in this state.



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RE: The legality of what we do - 4/9/2005 12:34:27 PM   
ProScatman


Posts: 167
Joined: 5/28/2004
From: Ohio
Status: offline
quote:

ORIGINAL: domtimothy46176


quote:

ORIGINAL: SweetDommes

In Indiana, there are some versions of outright rape that are not prosecutable as rape - they aren't even considered sexual assault (I found this out after one of my friends was raped and the police basically did nothing) - but most versions of BDSM are still illegal. It's insanity - someone can force themself onto another non-consensually and it's not rape, but have them spank someone consensually and it's a huge big deal ...


I found out a few years ago there is also such a thing as prosecutorial discretion. Prosecutors have the right to refuse to prosecute, despite whatever evidence there may be to warrant prosecution.

Yes, indeed! Here in Ohio prosecutorial discretion is also the norm. Here in Lorain County a person is much more likely to be arrested and prosecuted for a minor offense than in Cayahoga County, which is next to us, especially in Cleveland. A friend of mine who is a welder was working out at Perry Nuclear Power, and felt he had been exposed to radiation. He came back home to Lorain County, and went to the hospital. As part of the explination to drs, he said he was afraid he may end up "glowing" at night as a result of it, and was then forcfully placed in a holding cell for mental patience, and cuffed down on a gurney and beaten a little for his "loud" statements by hospital security. Later, after all the dust settled, and it was discovered he wasn't a mental patient he was let go. He intended to sue the hospital for the incident, and was laughed at! So, yes it a crazy world!

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Have a good day, Mike

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RE: The legality of what we do - 4/9/2005 8:02:54 PM   
ScooterTrash


Posts: 1407
Joined: 1/24/2005
From: Indiana
Status: offline 		Regrettably most of what W/we do is probably illegal in many states, simply because the moral majority (apparently that's not us..lol) deems it necessary to protect us from ourselves. Personally, I still stand by the thought that if there is no victim, there was no crime committed (wonder if that would work for a speeding ticket?). Many of the organizations around the country are trying to lobby to get some of the outdated laws changed, but it's an uphill battle. I guess discretion is the best advice at this point, WE are very open about our roles in the lifestyle but are "sorta kinda" quiet about the exact details of our activities until we are sure about the person we are talking to. It is a shame that what goes on behind closed door is of any concern to "big brother", but I suppose, other than trying to keep the noise down, all we can do is take the same Gov't advise they give to gay/les folks, don't ask, don't tell.

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(in reply to onceburned)
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RE: The legality of what we do - 4/9/2005 10:11:01 PM   
LadyAngelika


Posts: 8070
Joined: 7/4/2004
Status: offline
quote:

Regrettably most of what W/we do is probably illegal in many states, simply because the moral majority (apparently that's not us..lol) deems it necessary to protect us from ourselves.


Actually, when it comes to oral sex, anal sex and homosexuality, it's because an outdated law that was drafted in the era of Plymouth Rock stated that any act that wasted the seed that could potentially populate your country should be illegal. Probably is still the case as most religions see sex solely as a method of procreation (that is why birth control is deemed a sin).

As for any S&M act, well yes, that that has to do with moral panic. Oh yeah, and people not having enough going on in their own lives so they need to poke their noses into other people’s ;)

- LA

_____________________________

Une main de fer dans un gant de velours ~ An iron hand in a velvet glove

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RE: The legality of what we do - 4/10/2005 3:20:52 AM   
BeachMystress


Posts: 2156
Joined: 4/3/2004
From: Naples Island- Long Beach CA - Southern California
Status: offline
http://gloria-brame.com/domidea/rumpoule.htm

http://prodomination.com/resourceguide/legal.htm

The second probably has more of what you want, but read the first also. It is a good overview before moving on to the links provided in the second.

_____________________________

Beach Mystress
*Do not threaten the weak. Intimidate the strong. ~ Stevenson*
http://beachmystress.jigsy.com
http://www.flickr.com/photos/beachmystress/

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RE: The legality of what we do - 4/10/2005 11:54:17 AM   
Vancouver_cinful


Posts: 1911
Joined: 2/3/2004
Status: offline
quote:

ORIGINAL: LadyAngelika

So for the last 37 years, this makes all consenting sexual acts between adults in Canada, legal. However, acts ending in severe bodily harm and/or death are illegal, as they would fall under the realm of negligence.



Hmmm, I believed this to be the case as well, LadyAngelika, but now I am not so sure. I've heard that intercourse combined with bondage is actually illegal in Canada, as is, apparently, group sex.
I find this hard to believe, and would definitely like to find out the whole truth about whether we actually do have some ridiculous laws like this around. Not sure how one would go about finding out.
I do know that Canada Customs is huge on censoring anything that tries to make it over the border here in B.C., and we've had some major battles here with little success.

Cin

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Cin

quote:


My Karma Account is huge, but I just can't seem to make a withdrawal!!

http://cinful.wordpress.com

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