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LafayetteLady -> RE: Why would Dommes be interested in getting legal advice on their trade? (5/12/2010 11:29:12 PM)
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quote:
ORIGINAL: DMFParadox
Yeah, that's pretty much my read on the situation. I'd say it's depressing, but I don't feel too put out; I'd rather that abuse victims continued to have the legal resources they have than that they didn't, and that means the onus is on us D's to be very goddamned careful with who and how we play.
Any scenario I can think up, of legal contracts for submission to dominant acts or whatever, brings up a hairy host of exploits on it. From both sides of the collar. Forcing people to sign after the fact, or wives that are desperate and abused not being able to escape.
That said, there's got to be some kind of line, that allows stunt men, performers, and other situations where restraint and spanking that ass is legal. It'd be fun to learn what those situations are. Some kind of codified FAQ that says, "You can go up to here, and do this crazy shit perfectly legally. Case law example: Jim vs. John. but if you go here then these are the legal penalties. And 1 out of every X cases goes to trial. Last case law example is Joe vs. Smith." Anybody know anything like that strictly for BDSM situations?
Edit: checking out the NCSF website right now.
The reality is that the last thing that needs to be put on the books are laws regarding S&M activities. Those "contracts" are just one huge problem if looking at them as a legally binding thing. You mentioned two issues, being forced to sign after the fact or being pressured to sign. Another big one is the fact that such a contract is only valid until one partner says they don't want to anymore. So people couldn't create contracts saying it is for a year, because if one wanted out, then they get out.
As much as we would all like our activities to be "accepted," it is (as you have agreed) far more important to protect people from domestic violence. Even if such issues were brought to legislation, the investigations would still have to be conducted to protect against consent being given under duress.
I think situations where the neighbors call police is not really so common. More common is when the pairs break up and there is animosity and it gets reported. So the way to prevent it is to be a bit more discriminating about your partners.
I often see posts about making the activities protected by law, but very few ever seem to consider all that would be involved and how them getting their activities "protected" would endanger others.
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