Is BDSM against the law in Maine

Collarspace Discussion Forums

Home Login Search

Is BDSM against the law in Maine

View related threads: (in this forum | in all forums)

Logged in as: Guest

All Forums >> [Community Discussions] >> General BDSM Discussion >> Is BDSM against the law in Maine

Page: [1] 2 3 4 next > >>

Message

<< Older Topic Newer Topic >>

Is BDSM against the law in Maine - 1/2/2008 4:46:34 PM

MzPain

Posts: 1
Joined: 12/14/2004
Status: offline

Does anyone know the laws on BDSM in Maine and if a sub consents to flogging or whipping is that considered an assault in Maine

_____________________________

On your knees, MY pets.

Profile

Post #: 1

RE: Is BDSM against the law in Maine - 1/2/2008 4:58:27 PM

domiguy

Posts: 12952
Joined: 5/2/2006
Status: offline

I'm surprised that state allows you to drop a lobster into boiling water....Where is the fucking consent? Where?

_____________________________

(in reply to MzPain)

Profile

Post #: 2

RE: Is BDSM against the law in Maine - 1/2/2008 5:00:15 PM

Cyis75

Posts: 164
Joined: 8/31/2004
From: Georgia
Status: offline

In many jurisdictions WIITWD is actually illegal according to the letter of the law as you can not consent to assault which is what many jurisdictions see BDSM as. Of course I'm not a lawyer, just what I've picked up over the years from talking with various people. In most cases though depending on the area the police usually won't bother if they are able to ascertain that it is consentual.

(in reply to MzPain)

Profile

Post #: 3

RE: Is BDSM against the law in Maine - 1/2/2008 9:35:38 PM

EvilGenie

Posts: 1323
Joined: 9/10/2007
From: Morocco and Maine occasionally
Status: offline

Strictly speaking, yes. Though as posted above me, IF anything is ever encountered, and how that would be I am not sure, it's really a police call. Okay so say the neighbors call the police to your house for what sounds like a domestic. If nobody there is willing to complain they leave. I have firsthand knowledge of this happening. Is it on the books? Yeah. Is it likely that anything will happen if he/she is consenting and will not complain? Nah.

Best,

EG

(in reply to Cyis75)

Profile

Post #: 4

RE: Is BDSM against the law in Maine - 1/2/2008 9:50:03 PM

Padriag

Posts: 2633
Joined: 3/30/2005
Status: offline

My post here pretty much covers the basics of it in most states so far as I am aware.

http://www.collarchat.com/m_1509659/mpage_8/tm.htm#1512746

_____________________________

Padriag

A stern discipline pervades all nature, which is a little cruel so that it may be very kind - Edmund Spencer

(in reply to MzPain)

Profile

Post #: 5

RE: Is BDSM against the law in Maine - 1/2/2008 9:54:13 PM

laurell3

Posts: 6577
Joined: 5/5/2005
Status: offline

Probably, unless they have a consent exception, Texas does, however, as I read it, it only applies to misdemeanor assaults, which some acts may not be. I don't think focusing on legalities is all that helpful anymore than focusing on what "they" think of us is. I also wouldn't focus that much on complainants as most domestic violence laws have been modified post OJ to not require or even recognize it.

< Message edited by laurell3 -- 1/2/2008 9:55:28 PM >

_____________________________

I cannot be defined by moments in my life, but must be considered for by the entirety of my existence.

When you fail to consider that I am the best judge for what is right for me, all of your opinions become suspect to me.

(in reply to MzPain)

Profile

Post #: 6

RE: Is BDSM against the law in Maine - 1/2/2008 10:17:24 PM

darkpassenger434

Posts: 138
Joined: 1/1/2008
Status: offline

My understanding is that all kinds of activities that are consider "normal" now are still on the books as crimes as well, such as various oral and anal activities. Those things are not really enforced because society has changed. Law enforcement doesn't act on actual violent domestic crimes all the time due to loopholes or lack of cooperation. I can't see why they would suddenly go gung ho in a situation where the behavior is clearly consensual and no harm is done.
-R

(in reply to laurell3)

Profile

Post #: 7

RE: Is BDSM against the law in Maine - 1/2/2008 11:18:46 PM

MasterFireMaam

Posts: 5587
Joined: 3/1/2006
From: Charleston, WV
Status: offline

A friend that I have who is an criminal attorney says that you cannot consent to something that is illegal...assault is assault is assault. The same defense is used for statatory rape. The minor can't consent.

But, it's usually up to the judge when it comes down to it.

Master Fire

_____________________________

The power of who we are can be intoxicating. The power of who we could be is humbling.
-----
Ms Relationship Books
-----
BDSM How-To Books

(in reply to MzPain)

Profile

Post #: 8

RE: Is BDSM against the law in Maine - 1/2/2008 11:54:05 PM

darkpassenger434

Posts: 138
Joined: 1/1/2008
Status: offline

That is an interesting way to put it, although scary as hell. The statutory rape thing makes sense, as it is designed to protect someone who is presumed to lack the development to understand the full ramifications of their actions. That that principle would be extended to ALL adults being unable to determine their own behavior is pretty disturbing. But then again, Most of the ways the Gov tries to control me disturb me.
-R

(in reply to MasterFireMaam)

Profile

Post #: 9

RE: Is BDSM against the law in Maine - 1/3/2008 12:09:12 AM

MasterFireMaam

Posts: 5587
Joined: 3/1/2006
From: Charleston, WV
Status: offline

Yeah, it kinda is, but we both know that things vary from place to place and the notion of consent for BDSM activities is becoming more and more prevalent. I mean, there are all sorts of things on the books that every day law people bother with...like speeding 4 miles over the limit. Groups like the NCSF are doing what they can to educate lawmakers and those that uphold the law about our lifestyle.

Master Fire

_____________________________

The power of who we are can be intoxicating. The power of who we could be is humbling.
-----
Ms Relationship Books
-----
BDSM How-To Books

(in reply to darkpassenger434)

Profile

Post #: 10

RE: Is BDSM against the law in Maine - 1/3/2008 2:04:14 AM

celticlord2112

Posts: 5732
Status: offline

quote:

ORIGINAL: MasterFireMaam

A friend that I have who is an criminal attorney says that you cannot consent to something that is illegal...assault is assault is assault. The same defense is used for statatory rape. The minor can't consent.

But, it's usually up to the judge when it comes down to it.

Master Fire

I am not certain which state your friend practices in, but §22.06 of the Texas Penal Code explicitly states that consent is a defense to most forms of assault.

_____________________________

(in reply to MasterFireMaam)

Profile

Post #: 11

RE: Is BDSM against the law in Maine - 1/3/2008 2:28:44 AM

SailingBum

Posts: 3225
Joined: 12/10/2007
From: Sailin the stormy sea
Status: offline

damn I didn't realize we had so many lawyers from maine on here.

(in reply to celticlord2112)

Profile

Post #: 12

RE: Is BDSM against the law in Maine - 1/3/2008 3:22:59 AM

celticlord2112

Posts: 5732
Status: offline

Title 17-A, §109, of the Maine Criminal Code outlines consent as an affirmative defense for otherwise criminal conduct.

Read it for yourself.

_____________________________

(in reply to SailingBum)

Profile

Post #: 13

RE: Is BDSM against the law in Maine - 1/3/2008 5:34:25 AM

scottjk

Posts: 335
Joined: 4/18/2005
Status: offline

quote:

ORIGINAL: MzPain

Does anyone know the laws on BDSM in Maine and if a sub consents to flogging or whipping is that considered an assault in Maine

You might have to sharpen your 'search-foo' in the forums as this does get addressed repeatedly. HOWEVER, it never hurts to repeat such a discussion. :)

Let me see if I can break it down a bit.

Beatings of any kind is considered assault, legally and is considered a non-federal matter. There is no specific text, but you can't consent to, or give permission for this. Additionally, anyone can file charges, from a passersby to a police officer, not just the 'victim'. In that case, the victim might have a voice depending on the enlightenment of the jurisdiction, and individuals involved.

Bondage of any kind (including mental?) may be considered unlawful imprisonment, kidnapping, domestic abuse... (I'm afraid a lawyer would be very creative in the capacity of listing charges as a prosecutor.) Depending on how the state, county or city may want to pursue this, it could end up being a federal issue (kidnapping/unlawful imprisonment/etc.) What's more, mental health authorities may get involved too and that has the potential for disaster written all over it. (Abuse of at-risk individuals)

Domestic violence issues absolutely varies based on where you live. Since I can only speak for Washington State, parity between genders is almost non-existent. If you're vocal in your play, and the police arrive, legally some one MUST be arrested and jailed. A no-contact order is required with or without the consent of the victim, and often, the victim is considered an 'unreliable witness' if they are not cooperative and thus 'ignored'.

Downside to all this? The top is absolutely dependant on the discretion of their partners, families, friends and associations if they are aware of the their activities and inclinations. That's one of the reasons why 'outing' anyone in this kind of lifestyle/activity is viewed with extreme hostility. It's a threat to their freedom, financial, mental and social health in a profound way.

Upside to all this? Many groups, including women's rights groups acknowledge this lifestyle and many others and are working to address this legally along with the lifestyle leadership. Additionally, many states, counties and cities are stepping forward with the education of their law enforcement branch so that they can use more discretion identifying the differences between play and a non-consenting act and act accordingly.

My usual disclaimer in this kind of post is: If you can afford it, talk to a lawyer that you can trust with your life. That can be tricky too, since a lawyer is considered an officer of the law and is required to act as such. (I think) So couch your questions carefully. :)

I'm pretty sure there are many websites and books out there that examines the legal issues.

Edit: While I was writing this, it appears that Texas and Main has joined the ranks of enlightment since I learned about the legal issues over the years. My hat's off to them!

< Message edited by scottjk -- 1/3/2008 5:38:56 AM >

_____________________________

Thou art fertile ground and I will plant a garden in thee.

(in reply to MzPain)

Profile

Post #: 14

RE: Is BDSM against the law in Maine - 1/3/2008 5:49:26 AM

slavekal

Posts: 1486
Joined: 7/20/2004
Status: offline

You can beat the hell out of someone in a boxing ring or on the football field, but you can't spank someone in the bedroom.
Vote Libertarian.

< Message edited by slavekal -- 1/3/2008 5:50:55 AM >

(in reply to scottjk)

Profile

Post #: 15

RE: Is BDSM against the law in Maine - 1/3/2008 6:59:44 AM

stripmymanhood

Posts: 124
Joined: 9/27/2007
Status: offline

so tell me...did i break the law when i saw the Domme in Portland or not?????????

(in reply to slavekal)

Profile

Post #: 16

RE: Is BDSM against the law in Maine - 1/3/2008 7:02:35 AM

mnottertail

Posts: 60698
Joined: 11/3/2004
Status: offline

What precisely are you willing to pay for a legal opinion on this matter?

F. Lee Bailey

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30

(in reply to stripmymanhood)

Profile

Post #: 17

RE: Is BDSM against the law in Maine - 1/3/2008 7:12:34 AM

celticlord2112

Posts: 5732
Status: offline

quote:

ORIGINAL: darkpassenger434

That is an interesting way to put it, although scary as hell. The statutory rape thing makes sense, as it is designed to protect someone who is presumed to lack the development to understand the full ramifications of their actions. That that principle would be extended to ALL adults being unable to determine their own behavior is pretty disturbing. But then again, Most of the ways the Gov tries to control me disturb me.
-R

While the language of state penal codes varies, a quick googling of online legal resources indicates that consent (or the lack thereof) is a requisite element to the crime/tort of assault.

_____________________________

(in reply to darkpassenger434)

Profile

Post #: 18

RE: Is BDSM against the law in Maine - 1/3/2008 9:06:57 AM

Rover

Posts: 2634
Joined: 6/28/2004
Status: offline

Fast Reply to no one in particular....

The legal statutes that have been consistently problematic for those engaged in sensation play are often related to spousal abuse laws, where (as I understand it) consent does not offer a defense.

Having said that, many states do not offer consensual exclusions for assault. You should try to at least know your liability within the states you reside and/or play.

John

_____________________________

"Man's mind stretched to a new idea never goes back to its original dimensions."

Sri da Avabhas

(in reply to celticlord2112)

Profile

Post #: 19

RE: Is BDSM against the law in Maine - 1/3/2008 10:32:48 AM

MasterFireMaam

Posts: 5587
Joined: 3/1/2006
From: Charleston, WV
Status: offline

He's in Los Vegas. I myself have no real knowledge of the law...just sharing what my friend has said.

Master Fire

_____________________________

The power of who we are can be intoxicating. The power of who we could be is humbling.
-----
Ms Relationship Books
-----
BDSM How-To Books

(in reply to celticlord2112)

Profile

Post #: 20