crazyml -> RE: Pro-ana and pro-mia as kinks (6/21/2010 1:14:46 AM)
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quote:
ORIGINAL: Elisabella quote:
The reality is that someone who could consent to this would not be considered mentally competent by either medical or legal standards. Obviously this girl needs serious help, and sadly she hooked up with one of the worst kinds of predators. Sorry but you really can't use medical or legal standards as a defense here. As far as legal standards go - BDSM breaks those standards. There is no such thing as the right to consent to being assaulted. In fact, "BDSM contracts" have been used to prove that the slave partner was brainwashed and incompetent, even writing out explicitly "I consent to this" is proof that you...well...didn't consent. As far as medical standards - those evolve more quickly. Right now they say anorexia is a disorder. 50 years ago they said homosexuality was a disorder. Did gay people somehow become mentally competent when the DSM changed? I'm guessing that you think it was right to arrest people for sodomy back when both the DSM and the law said sodomy was wrong? As far as the girl needing serious help, I agree, believe me I do, I think she's making all the wrong choices here. But there are a lot of people here whose families think they need serious help. Anorexia is outside your comfort zone...lots of people have vanilla mums who would call the cops on their daughter's partner if they found out she was into being beaten or gang rape roleplay. You say "what sort of sane person starves themselves" other people would say what sort of sane person does half the things listed as "interests" on the profiles side of the site. Either adults are able to do really fucked up and stupid things to themselves, that other people consider a sign of mental disorder, or they aren't. I do (I think) see the point you're trying to make but I disagree over the question of consent and its importance as a decence, I think that the question of consent, and a person's mental competence to consent, is still really really important. I agree completely that "consent" isn't a defence against assault in most places I'm aware of, but it would be very likely to have a bearing on sentence etc etc. You make a great point about the evolution of standards, and the homosexuality example is a good one, but I think it's a little moot. If you're tried for something that's illegal, the court uses whatever standards are current at that time. Back in the day, when someone was being tried for buggery, saying "Oh for goodness, sake, in a generation's time this'll be perfectly legal" is likely to cut it as a defence. The ability to consent is defined by current law, and current medical/psych thinking. I would say that person "A" is much much more likely to be prosecuted for spanking someone who is incapable of consent (for reason of age, intoxication, mental health) than someone who spanks a clearly adult, functional person. More importantly, the issue of consent has a bearing on whether it's just assault or whether it's a sexual assault, which typically carries dramatically different penalties. [Edited to fix wording]
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