RE: Oklahoma BDSM Case

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RE: Oklahoma BDSM Case - 11/14/2010 2:30:17 PM

rulemylife

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quote:

ORIGINAL: TheHungryTiger

quote:

ORIGINAL: rulemylife
There is no such thing as a consensual beating in legal terms.

As much as we believe in that concept in BDSM circles, it does not exist legally.

Even when not specifically referenced, lack of consent is an element of assault under common law. See Volenti non fit injuria

But even if you ignore that principal, there are 13 states that have consent explicitly and directly written into their assault laws. Alabama ALA. CODE § 13A-2-7 Colorado COLO. REV. STAT. § 18-1-505 Delaware DEL. CODE ANN. tit. 11, §§ 451–453 Hawaii HAW. REV. STAT. §§ 702-233 to -235 Maine ME. REV. STAT. ANN. tit. 17-A, § 109 Missouri MO. ANN. STAT. § 565.080 Montana MONT. CODE ANN. § 45-2-211 New Hampshire N.H. REV. STAT. ANN. § 626:6 New Jersey N.J. STAT. ANN. § 2C:2-10 North Dakota N.D. CENT. CODE § 12.1-17-08 Pennsylvania 18 PA. CONS. STAT. ANN. § 311 Tennessee TENN. CODE ANN. § 39-13-104 and Texas TEX. PENAL CODE ANN. § 22.06

And on top of all that, there have been multiple different court cases where someone engaging in BDSM facing legal charges has not only use consent as a defence, but has used it successful. The latest being Christopher E. Miner .

This is not to say that consent is ALWAYS a defence. The kinky sex going on between Robert Frederick Glass and Sharon Lopatka still landed him in one hell of a legal mess even though everythign was consentual. But the bumper-sticker sized talking point that "There is no such thing as a consensual beating in legal terms" is grosly oversimplifed at best and a flat out lie at worst.

For every one of these cases I can counter with many that went the opposite way.

We've had this discussion before.

The reality is that BDSM is not viewed favorably by most people, so when you have a case involving that you cannot except sympathy from the jurors or the judge.

What you have cited are exceptions to the rule.

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RE: Oklahoma BDSM Case - 11/14/2010 2:43:51 PM

rulemylife

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But as long as we are at it, let's take a look at the first of the laws you cited.

Section 13A-2-7Consent. (a) In general. - The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives a required element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(b) Consent to bodily harm. - When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense only if: (1) The bodily harm consented to or threatened by the conduct consented to is not serious;

or (2) The conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport;

or (3) The consent establishes a justification for the conduct under Article 2 of Chapter 3 of this title.

(c) Ineffective consent. - Unless otherwise provided by this Criminal Code or by the law defining the offense, assent does not constitute consent if:

(1) It is given by a person who is legally incompetent to authorize the conduct;

or (2) It is given by a person who by reason of immaturity, mental disease or defect, or intoxication is manifestly unable and known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct;

or (3) It is given by a person whose consent is sought to be prevented by the law defining the offense; or (4) It is induced by force, duress or deception.

This is so full of holes that any competent prosecutor would rip it to shreds in a heartbeat.

Let's take #4 for an example.

Deception?

Really? Let's sit down and think about this for a minute.

All you have to prove is that you were deceived?

< Message edited by rulemylife -- 11/14/2010 2:47:06 PM >

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Post #: 22

RE: Oklahoma BDSM Case - 11/14/2010 5:40:57 PM

TheHungryTiger

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quote:

What you have cited are exceptions to the rule.

So providing proof of its existence proves that it dosen't exist?

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RE: Oklahoma BDSM Case - 11/18/2010 2:45:53 PM

Arturas

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quote:

ORIGINAL: ResidentSadist

. . . That's what you get for fucking people you pick up on Fetlife. LMAO

Why would you say that? There are great people on Fetlife. The key to this is not a problem with who she is or who he is or where they met each other or their BDSM interests.

Here is the clue to the real problem: "Prosecutors say he was angry because..."
The real problem is he violated the biggest Dom taboo in BDSM: Never ever approach your submissive in anger.
All great Doms and masters know this.

Arturas

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Post #: 24

RE: Oklahoma BDSM Case - 11/18/2010 2:55:30 PM

Arturas

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quote:

ORIGINAL: BonesFromAsh

There's an interesting thread concerning this case on fetlife in the BDSM and the Law group.

Here's another article concerning the case... http://www.news9.com/Global/story.asp?S=13447173

quote:

Prosecutors said in March they pressed charges because the violence went beyond consent and that you cannot have a contract to commit a violent act against a person. Prosecutors said this is a case of domestic abuse.

This is the same cause and result and I quote: "Back in February, the two allegedly got into a fight over an incident that happened at an Oklahoma City nightclub....".

Every Dom and master knows you cannot approach your submissive or slave in anger. You cannot Dom or master in anger. It always comes down to this simple truth: you must master yourself before you master anything or anyone and that includes BDSM or gorean lifestyle activities. It is the most important rule a Dom must burn into their mind before picking up a whip.

Be well,
Arturas

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RE: Oklahoma BDSM Case - 11/21/2010 10:37:35 PM

TazDevil

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ah the Mr or Master Ed Case it more or less he said she said with BDSM just to make it that much more fun hey?

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