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scottjk -> RE: Is BDSM against the law in Maine (1/3/2008 5:34:25 AM)
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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!
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