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Gross negligence manslaughter - 6/26/2017 1:24:04 PM   
cscontact


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I wonder what people think here of the verdict in this case reported in The Telegraph and elsewhere:

http://www.telegraph.co.uk/news/2017/06/26/man-fell-asleep-gas-mask-sex-game-jailed-tied-up-partners-death

Would the verdict have been the same for a comparable tragedy in a sporting activity? The judge used the expression "extreme homosexual practices", what about the verdict for just an "extreme sexual practices" case?
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RE: Gross negligence manslaughter - 6/27/2017 6:13:13 AM   
cscontact


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I should probably have read or reminded myself of:

https://en.wikipedia.org/wiki/BDSM_and_the_law
https://en.wikipedia.org/wiki/Consent_(criminal_law)
https://en.wikipedia.org/wiki/Operation_Spanner

before posting.

< Message edited by cscontact -- 6/27/2017 6:31:59 AM >

(in reply to cscontact)
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RE: Gross negligence manslaughter - 6/29/2017 12:05:24 PM   
FelineRanger


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One thing that the US and UK share is a deep cultural insistence on treating sex as a gift from the absentee landlord deity. One result of that cultural anchor is that any sexual practice outside of reproduction or a narrow range of specific activities is regarded as an affront to said absentee landlord deity. So anyone who takes part in BDSM, poly relationships, homo- or bisexuality, etc. has "sinned" and deserves harsher punishment than this woman, for example. As a result, all BDSM practices are prosecuted in the US (and the UK, apparently) as though the intent ranged from deep and lasting harm to the most depraved form of murder, à la Charles Manson.

_____________________________

Bill

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RE: Gross negligence manslaughter - 7/9/2017 10:26:39 AM   
beguiledme


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If this were a sporting accident and the verdict was the same (i.e. that someone failed in their responsibility) then it is possible jail time would have been a consequence. Kink is extreme in the grand scheme of things. Most people are vanilla. It is what it is. That in itself is not an indictment of kink any more than the term 'extreme' used to describe some sorts of sport is an indictment of extreme sport.

I think there are plenty of people in kink who would themselves say that these actions were not safe, sane and consensual. They certainly were not safe - where were the quick release or self release restraints? How is it safe to play while under the influence of mind altering narcotics? They were not sane, the dominant was not in complete control because he was under the influence of drugs and while both consented with play, they took their lives in their own hands when they failed at the safe and sane aspect.

I think just as many kinky people would agree with this verdict as vanilla types. Plus, if he was convicted for two years he'll probably only serve one with probation.

It is interesting to ask about the aspect of BDSM in this conviction but imo, the dominant is responsible for the safety of the submissive in any given situation where life is at risk and just because we are 'extreem' or better put, different from the mainstream, that responsibility remains sacrosanct.

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RE: Gross negligence manslaughter - 7/9/2017 11:08:46 AM   
Wayward5oul


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quote:

ORIGINAL: beguiledme

If this were a sporting accident and the verdict was the same (i.e. that someone failed in their responsibility) then it is possible jail time would have been a consequence. Kink is extreme in the grand scheme of things. Most people are vanilla. It is what it is. That in itself is not an indictment of kink any more than the term 'extreme' used to describe some sorts of sport is an indictment of extreme sport.

I think there are plenty of people in kink who would themselves say that these actions were not safe, sane and consensual. They certainly were not safe - where were the quick release or self release restraints? How is it safe to play while under the influence of mind altering narcotics? They were not sane, the dominant was not in complete control because he was under the influence of drugs and while both consented with play, they took their lives in their own hands when they failed at the safe and sane aspect.

I think just as many kinky people would agree with this verdict as vanilla types. Plus, if he was convicted for two years he'll probably only serve one with probation.

It is interesting to ask about the aspect of BDSM in this conviction but imo, the dominant is responsible for the safety of the submissive in any given situation where life is at risk and just because we are 'extreem' or better put, different from the mainstream, that responsibility remains sacrosanct.

Agreed. Their behavior was reckless and someone died as a result. Actions have consequences.

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RE: Gross negligence manslaughter - 7/9/2017 11:23:48 AM   
kiwisub22


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He failed to take appropriate precautions to ensure the safety of his submissive, and should suffer the consequences. Pretty sure the submissive didn't bargain on his dominant drugging and falling asleep and leaving him to die. The whole drug thing is the thing that makes him culpable, in my eyes, just as if he had been drinking. Both lead to altered states - not a secret.

(in reply to Wayward5oul)
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RE: Gross negligence manslaughter - 7/9/2017 2:41:31 PM   
ThatDizzyChick


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> He failed to take appropriate precautions to ensure the safety of his submissive, and should suffer the consequences.
That's about all there is to say about it.
Person A fucked up and Person B died as a result.

_____________________________

Not your average bimbo.

(in reply to kiwisub22)
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