RE: What was that about whether or not BDSM is legal?

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RE: What was that about whether or not BDSM is legal? - 6/15/2010 2:57:33 PM

fipsie69

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Politicians make laws. In a democratic country the people vote in the said politicians. So either vote in kinkier politicians (lots of luck with that) or move to the "first world". That's actually a very small list:
Austria
Germany
That's it.

Have a look at the surprising laws in the different countries in this link:

http://en.wikipedia.org/wiki/Bdsm#Legal_status

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RE: What was that about whether or not BDSM is legal? - 6/15/2010 2:59:14 PM

Jeffff

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Yeah.. I can move to Europe or choose who I beat carefully......

Decisions, decisions.

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RE: What was that about whether or not BDSM is legal? - 6/15/2010 3:00:18 PM

mnottertail

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you will get more pleasure by choosing to carefully beat them.

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RE: What was that about whether or not BDSM is legal? - 6/15/2010 3:01:51 PM

Jeffff

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You are a wise man., mentor me?

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RE: What was that about whether or not BDSM is legal? - 6/15/2010 3:44:09 PM

ourmsbetty

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quote:

ORIGINAL: pantyhoseorgasm

I think state of mind and health of mind could come into play and the tables could always be turned. Lot of use of the word consent and contract. Was the contract notarized? Even if it was last time I checked slavery was outlawed. If there is actually work involved some labor laws could come into effect.

There was a case in Massachusetts some time ago that really got ugly. The slave died so the domme and her boyfriend cut the body up. An extreme case to be sure but add some sanity with consent. It would even be a bad idea if you're seeking a long term sub that you send them to a psychiatrist 1st. Sounds crazy but a good many people into s&m are just that, crazy.

If I remember right that was the prosecution's theory, however they lacked any physical evidence whatsoever.

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RE: What was that about whether or not BDSM is legal? - 6/16/2010 5:38:09 AM

cadenas

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quote:

ORIGINAL: ourmsbetty

quote:

ORIGINAL: cadenas
In the end, it really doesn't matter to you or me. It matters to the people in Sweden.

The situation in the USA is dramatically different. For one, the US Constitution doesn't apply in Sweden.

For another, each case is different from the next.

My point being that discussing one anecdotal case usually isn't very helpful when talking about the general state of the law.

So it is not wrong if it is happening somewhere far away?

No, it is not wrong if the people THERE decide that it is not wrong. Why would you or I be the arbiter of what is right or wrong 6000 miles away in a country whose language you may not even speak?

Do you apply the values of Swedish people to what you are doing in Denver? Most people in Sweden believe that the death penalty is wrong. Should Colorado abolish the death penalty because the people in Sweden said so? You and I have no more right to tell the Swedes what is "right or wrong".

Generally, what is right or wrong in Sweden is up to the Swedes, not up to us. The exceptions are extreme cases such as the Taliban, and cases where two countries are involved.

Don't get me wrong - supporting the defendants in Sweden is probably a good thing. I advocate supporting friends and like-minded people regardless of where they are, based on *my* sense of right or wrong. But I still have to respect the right of the Swedish people to override my view on this.

Lobbying to change minds of the Swedish people is a good thing. I'm simply saying that the subject line suggests that this post was about the USA - and it has absolutely nothing to do with it.

quote:

ORIGINAL: ourmsbetty
And it is not one case. One is an anecdote, two is coincidence, three is a pattern. I have named 3, in 3 different countries. One of them here in Denver, where I live.

And only Denver is relevant to the USA. If you hear about rain in Sweden today, rain in the UK in the 1990s (when the spanner case happend), and rain in the USA, does that establish a pattern? Connecting these three completely unrelated events - not even in the same century - simply makes no sense at all.

quote:

ORIGINAL: ourmsbetty
Perhaps if it should happen in your jurisdiction you will be more interested.

Absolutely I will be more interested. The San Diego Six case is infinitely more relevant to me (friends of mine were at the party, and I missed it only by a year or two myself). People v Jovanovic is infinitely more relevant. If Sweden ever becomes a state of the USA, then I will also be interested in what is going on there.

< Message edited by cadenas -- 6/16/2010 5:39:48 AM >

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RE: What was that about whether or not BDSM is legal? - 6/16/2010 6:56:08 AM

xssve

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In real life, courts often do look at precedents in other countries, when a precedent doesn't exist - Swedish common law may not be strictly speaking, admissible in court, but it is not in itself, objectionable - British common law is often admissible as precedent.

Currently, the issue of consent is up in the air, one recent case in the US where the top ignored the safe word, ruled that only initial consent was required, and he was cleared of rape charges - he was a cop, so I don't know if that had anything to do with it or not, and I don't believe he did anything that could constitute batter, i.e., flogging, etc., though he did tie her up and I believe blindfold her which could constitute false imprisonment - I think her complaint was about the anal sex, which she had fantasized about and implicitly consented to in e-mails - he probably just didn't have any finesse, another chick turned off on anal because of some klutz.

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