pleasureforHim
Posts: 171
Joined: 7/2/2005
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No one can possibly answer your question in a post; or a handbook; you'd need a BDSM Uniform Code; LOL..and that would just cover the USA.
There are different situations to consider. First is the relation between a Master and slave or Dominant and submissive, carried on primarially on private, as a 24/7 relationship...or thereabouts. Here the law in in tension. The US Supreme Court recognises a right to privacy, especially concerning sexual matters carried on in one's bedroom. But the decision was not broad enough to cover sado-masocism. Some states still have crimes of adultery on their books and there has been a rising tide of enforcement. The Violence Against Women Act requires the police to arrest, and the courts to sentence, a man or woman, where the police observe wounds, bruises, etc.. Restraining orders, preventing the couple from reuniting, will be issued per force in most jurisdictions. There is also a long-established body of caselaw that no one can consent to an assault (exceptions being such things as boxing matches).
So, as i have said earlier, the first line of defense is to stay off law enforcement's radar.
The next situation is the dungeon, munch, play party, etc., especially where a "cover charge" is imposed. There is a New Jersey case finding the property owners, who collected the cover charges, guilty of promoting prostitution. The case involved a child's death by drowning in a swimming pool; and that obviously affected the court's judgment...but the decision never mentions the presence of children. It simply says that providing a place for people to engage in BDSM activities in exchange for a fee is promoting prostitiuton. There may be similiar laws/cases in other states. Or exisiting laws/cases may be used to conduct a prosecution. T
T
he bottom line is, do absolutely nothing in a dungeon/munch/play party involving children. Check the tweenies for their driver's licenses, and do not admit the fakes..because the property owner is absolutely liable for the presence of under age kids in the scene. Most dungeons, i am told, hire off-duty police as security. If so, ask one to handle the door and check ID's.
The last situation is the submissive woman or slave wishing to enter a 24/7 relation with a Dom or Master, who also has custody of minor children. Here, the man had best think long and hard. The children may -- must -- never see any evidence of the BDSM side of the relationship; not even so much as the woman calling the man "Master" in their presence. This is because there is a father out there, with visitation rights, who will almost ceratinly freak out if he hears his children are living in a Master/slave or Dom/submissive relationship and at the very least call Human Services and cause all sorts of trouble. i am certainly not saying a woman with children is less desirable, or that such relationships cannot work.
i am saying children -- including minor teenagers --have no place in BDSM.
pleasureforHim
< Message edited by pleasureforHim -- 7/16/2005 9:59:56 AM >
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The legal side... - 
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