I'm doing some research into legal prosecutions of consenting adults engaging in BDSM. There used to be a website which documented this, but I cannot find it. I'm mainly interested in North America and Western Europe.
A friend of mine had BDSM activities come up in a civil legal proceeding. I'm rather curious to find out more about this.
Can someone please steer me in the right direction?
Law is not static. It changes over time. Changes can occur relatively quickly in the politically driven institutions such as the United States Congress and the state legislatures. But in the courts, change comes slowly. Courts are political too, but react more slowly to public pressure for change. They are meant to be a moderating influence from immediate public pressure. And laws, which should be predictable, are not when they change rapidly. It should also be kept in mind that the law is never absolute. Even in the area of free speech, Justice Holmes wrote that it does not protect someone from "falsely shouting fire in a theatre and causing a panic." (Schenck v. United States, 249 U.S. 47 (1919).
Master/Slave contracts are not binding...HOWEVER:
They do serve other good purposes however in the same way that a well-drafted waiver does. That is to say, to show the knowledge, intent, and state of mind of the parties at the time the contract is signed. Such contracts can be used to show what the parties agreed to and that they were aware of certain risks. They can spell out the promises that have been made, and not made, with regard to property just like a pre-nuptial agreement.
The parties might also want to have witnesses who would be willing to come to court and testify about the circumstances of the signing and/or ceremony to establish that the agreement was entered into voluntarily, consensually, and without coercion or force.
Remember that although you may have negotiated a scene with someone, the public around you was not part of those discussions and may not understand what you are doing is consensual and someone may call the police.
If the police do show up the first thing you must remember to do is to stay calm. If you lose your calm, or get belligerent or indignant with officers, they will not listen to you.
You may have a choice in some things, and not in others. If the police arrive at your home because neighbors have heard blood-curdling screams, they have a duty, and the right, to make sure everyone one is all right. Remembering to stay calm will help a great deal. And not just the Dom! It is even more important for the slave/submissive to be able to speak calmly and confidently to the police and explain that while he or she was screaming, it was all being done for mutual enjoyment and with consent.
If you have been arrested, you should remain silent. You should also remain calm and, regardless of whether the officers are right or wrong, do not resist them. Record in writing as soon as possible before your memory fades, the name and badge numbers of the officers as well as the facts of what happened. Record this on a piece of paper and, at the top of the paper, write in bold letters, "FOR MY ATTORNEY."
You should consult with a lawyer as soon as you can. Do not discuss the case with ANYONE except an attorney.
If you have not been arrested but, for some reason, do not want to speak to the police, you do not have to. Again, if you intend to remain silent, do so in a calm voice and in clear terms such as "I don't want to talk to you," or "I want to speak to a lawyer first."
respectfully,
smackdat
While it will get you out of prosecution for these such supposed offenses in SOME cases and states, a signed consent sheet or contract will NEVER be honored as any sort of proof of "Ownership" of any human being. This is especially important for Goreans, 24/7's and TPE arengements. The most important thing to remember in all this is that whether you believe it or not, no matter where you are in the world, it's all just one big, grand game of, "Let's Pretend."
And be carefull because in the US the laws are diferent from state to state... but the best thing would be talking to someone connected to laws, try in some law forum...
http://www.rlslavery.com/main.php ???
'careful what you wish'
Master Mark
You see thats one area where our laws differ.
In the UK you *cannot* consent to being harmed.
Obviously contact sports like boxing etc are exempt.
look up the national coalition for sexual freedom and join them!
aka; NCSF that is for the US
Unintentional double post.. sorry chaps.
Try researching the spanner case as a start
http://www.spannertrust.org/documents/spannerhistory.asp
Its obviously more relevant to UK and European law but might provide enough links to get you started.
Can someone please steer me in the right direction?
http://www.informedconsent.co.uk/dictionary/BDSM_and_the_law/
