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.