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Subject: "Bondage and Discipline Make the Supreme Court" Archived thread - Read only
 
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Conferences > Northern California > Domination Station > Topic #5950
Reading Topic #5950

Kajunmasseuse Kajunmasseuse rating
Member since 15-Mar-06
291 posts, 7 feedbacks, 14 points
31-Jul-10, 05:02 PM (PST)
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"Bondage and Discipline Make the Supreme Court"
 
Hello Fellow Kinksters,


Today, as I was catching up on my kinky reading materials, I came across this VERY interesting submission on a blog that evidently placed someone in very HOT water.

I thought this would be great to share.


It involves New York man Glenn Marcus and whether his bondage and discipline relationship with one of his voluntary "slaves" was truly voluntary.

If you would care to read the entire contents of that Supreme Court decision, you can view it here;

http://reason.com/blog/2009/10/13/bondage-and-discipline-make-th

Enjoy!

Supreme Mistess Kajun
http://supremekajun1.femdommesociety.com


Domination is a state of mind, not a lifestyle.

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paulzz paulzz rating
Member since 2-Jan-09
231 posts, 8 feedbacks, 16 points
31-Jul-10, 08:15 PM (PST)
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1. "RE: Bondage and Discipline Make the Supreme Court"
In response to message #0
 
   LAST EDITED ON 31-Jul-10 AT 08:17 PM (PST)
 
A very interesting case. Worth reading through both the first link. It's worth reading through the extensive comments on the blog post as well.

For any in BDSM, it is quite a serious matter to consider the possibility that people who consent to be physically or mentally hurt can later act to press charges about that.

However, don't get too worried. It appears that this Dom did go beyond what most people in the BDSM community would say was consensual. For example, he appears to have used threats of revealing things about her to her family to control her when she (finally after a long time) decided she wanted to break their relation and contract.

I also wonder if it had been a Domina and not a Dom if the prosecutor would have picked this case. It is a lot harder to imagine a jury taking as negative a view of a woman who hurts a man consensually than the other way around, in light of the general emphasis on domestic violence as male on female violence.

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Elfen Elfen rating
Member since 5-Dec-05
2004 posts, 31 feedbacks, 59 points
03-Aug-10, 06:16 PM (PST)
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2. "RE: Bondage and Discipline Make the Supreme Court"
In response to message #1
 
It is interesting. The problem with bondage play and similar activities is that the sub at some point could suddenly claim that the activities were non-consensual.

By the way, her "consent" to his use of a knife on her to carve the world "slave" is irrelevant in criminal law. The Dom still could be prosecuted for what could legally may constitute "mutilation" or "mayhem" of that person, even with the person's consent.

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paulzz paulzz rating
Member since 2-Jan-09
231 posts, 8 feedbacks, 16 points
03-Aug-10, 07:48 PM (PST)
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3. "RE: Bondage and Discipline Make the Supreme Court"
In response to message #2
 
   Good point.

However, it seems that "criminal law" is as much about the rules that are not enforced as the rules that are. It would tie up the whole court system to go after significant numbers of consensual cuttings and piercings. It might also be hard to get juries to convict in most cases.

This case is interesting in part because it is an exception not the rule.

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