njlauren -> RE: Woman dies and another is left in a coma after Shibari incident (12/16/2013 8:24:29 PM)
|
quote:
ORIGINAL: Guilty1974 quote:
ORIGINAL: MariaB There is no such thing as consent to BDSM. You can not consent to someone else inflicting pain on you and in this case, you can't consent to someone tying you up and putting a rope round your neck. That is entirely dependent on your jurisdiction, but not a universal law. It depends on the legal code in the area and how enlightened/unenlightened they are. In some jurisdictions consensual S/M play cannot be legally prosecuted, if it is clear consent was involved, in others, sadly, they basically say what Maria did (some of the worst offenders, ironically, are not bible belt places, some of the worst are very liberal DA's, especially women ones, who see it as abuse, period, especially if it is male/female and the male is the dominant, they never quite got out of the 1970s feminist "S/M is abuse" bullshit, or the 1980's of Catherine Mackinnon and creew...... There was a case like this in NYC, where a guy was sent to prison for abusing a young woman after a weekend of consensual S/M play, and the ADA (who was otherwise excellent in dealing with sex crimes and such), got e-mails from the woman to the guy suppressed, even though they showed it was consensual and she agreed to it, on the grounds they were irrelevant, since you 'can't consent to abuse', and the schmuck judge, whose expiry date I think is done, agreed..on appel, the appelate court ruled that the trial judge and the ADA both erred on where the law stood, and the DA himself refused to prosecute the man... My take on it the guy was definitely negligent, and the two women were morons. It is all great and good to talk about how people make mistakes, but that doesn't mean that what they did was smart or an accident, either. I have to be honest, anyone doing any level of play that has potential harm in it, I mean serious harm, and does drugs or alcohol before doing it is like putting a blowtorch on in a powder magazine and wondering why it blew up. Like I said, this one is candidate for a darwin award.
|
|
|
|