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#15972 - 10/02/21 04:07 AM Re: Is this BDSM or Abuse? [Re: Cheyenne]
MissMary Offline
Regular

Registered: 04/27/21
Posts: 147
No, Mam. It certainly doesn't. I don't consider an athletic man punching a woman in the face bdsm. She allegedly asked for this to happen. That is the man's defense anyway. I've seen people get themselves into bad situations by playing alone with people they do not know well. As someone who has played often as a switch, I strongly encourage kinksters to choose their play partners wisely.

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#15973 - 10/02/21 04:45 AM Re: Is this BDSM or Abuse? [Re: buffalo]
Cheyenne Offline

Pooh-Bah

Registered: 07/12/19
Posts: 2310
If it goes to trial, it will be interesting to watch. I've filmed some pretty extreme scenes. Maybe this makes me a hypocrite. But, I can't stomach the thought of a man punching a woman in the face to the point that she leaves with two black eyes. As another poster pointed out, his defense is that she asked for this. But, I've also heard that she said she liked to be smacked. There is a huge difference. So, like you, I don't know how this will fall criminally. The legal professionals involved can make a big difference in whether or not it even gets heard.

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#15974 - 10/02/21 04:50 AM Re: Is this BDSM or Abuse? [Re: furfan]
Cheyenne Offline

Pooh-Bah

Registered: 07/12/19
Posts: 2310
If I'm not mistaken, they could find him criminally liable for punching her and causing her to lose consciousness. This, even if she consented. Usually when a bdsm "Expert," makes a statement, I roll my eyes. BDSM is so subjective and people can get overly opinionated on their version of it. But, this time, I agree with what the "Expert" said. There was a lot of irresponsibility go on. The woman did not deserve to get beat up like, under any circumstances. But, sadly, she did put herself in that situation. Hopefully, she has learned to be more careful. It could have been much worse.

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#15975 - 10/02/21 09:03 AM Re: Is this BDSM or Abuse? [Re: Cheyenne]
furfan Online   content
Addict

Registered: 01/20/21
Posts: 463
Originally Posted By Cheyenne
If I'm not mistaken, they could find him criminally liable for punching her and causing her to lose consciousness. This, even if she consented. Usually when a bdsm "Expert," makes a statement, I roll my eyes. BDSM is so subjective and people can get overly opinionated on their version of it. But, this time, I agree with what the "Expert" said. There was a lot of irresponsibility go on. The woman did not deserve to get beat up like, under any circumstances. But, sadly, she did put herself in that situation. Hopefully, she has learned to be more careful. It could have been much worse.


I agree. Although I have always thought that given that they are often in a position of having physical control over a sub, tops have an even greater responsibility.

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#15976 - 10/02/21 10:01 AM Re: Is this BDSM or Abuse? [Re: furfan]
MissMary Offline
Regular

Registered: 04/27/21
Posts: 147
Originally Posted By furfan


I agree. Although I have always thought that given that they are often in a position of having physical control over a sub, tops have an even greater responsibility.


Absolutely. I started as a sub and began switching a few years later. Now I prefer the top side. It is something to be taken seriously. It can be more work than pleasure. The bottom should be able to let go. The release for the bottom is usually the entire point of the exchange. I like to sub here and there. But I only do it with someone that I know well and trust.

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#15977 - 10/02/21 10:09 AM Re: Is this BDSM or Abuse? [Re: Cheyenne]
buffalo Online   content
Addict

Registered: 06/21/19
Posts: 403
Loc: USA
Thinking about it his actions probably crossed the line into abuse. He’s a weird guy, probably an asshole who took advantage of the situation. Still I don’t see him being convicted criminally in this case. I’m sure he’d ask for a jury trial and there seems to be too much of a grey area to get 12 jurors to agree on guilt. The victim would have to testify and it seems with all the text messages and communication between them she would be vulnerable on cross examination.

It’s an interesting case for the bdsm community and people in general. What can you legally consent to? How much consensual bodily harm is legal? I’ve read a very well written blog by an extremely literate and intelligent retired pro Domme and switch who was a sub or maso in her personal life. Some of the stuff she described being done to her made my blood boil. But it was complicated.
_________________________
And still trying to figure it all out.................. buffalo

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#15984 - 10/05/21 04:03 AM Legally speaking [Re: Cheyenne]
shiteatinpainpig Offline
Member

Registered: 03/09/16
Posts: 4
And this is based on UK law so may be different in the USA and potentially different on a state level as well.

But if he has sex with her whilst she was jnconcious she was not able to give consent(and he has admitted that) therefore he will 99.9999999% be convicted

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#15986 - 10/05/21 04:07 AM Re: Legally speaking [Re: shiteatinpainpig]
Cheyenne Offline

Pooh-Bah

Registered: 07/12/19
Posts: 2310
You bring up a good point. It will be interesting to see if this case sees the inside of a court room.

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#15987 - 10/05/21 07:42 AM Re: Legally speaking [Re: shiteatinpainpig]
furfan Online   content
Addict

Registered: 01/20/21
Posts: 463
Interesting. If she had given consent for the sexual act and then lost consciousness would doing so automatically revoke that consent? Would the fact that he stopped as soon as she regained consciousness and revoked consent be any kind of defense?

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#15990 - 10/05/21 04:02 PM Re: Legally speaking [Re: furfan]
shiteatinpainpig Offline
Member

Registered: 03/09/16
Posts: 4
Wouldn't make any difference in uk law

Once somebody is unconscious they can not give consent what happens before or after is not relevant at that point

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