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Laws in the USA concerning BDSM?
- Thread starter Riders
- Start date
Drolefille
PolyPanGeekGirl
I'm not aware of a federal law and I'd need a citation on any sort of new state law. I have no clue.
The biggest caveats with bdsm and law that I'm aware of are that leaving marks can be used as evidence of abuse or assault and no contract will protect someone who continues past someone's No when it comes to consent.
And if someone were to die or be seriously injured the consentuality of the behavior is not likely to protect the other person. Hence the emphasis on safe, same and consensual despite the push from some away from safety.
The biggest caveats with bdsm and law that I'm aware of are that leaving marks can be used as evidence of abuse or assault and no contract will protect someone who continues past someone's No when it comes to consent.
And if someone were to die or be seriously injured the consentuality of the behavior is not likely to protect the other person. Hence the emphasis on safe, same and consensual despite the push from some away from safety.
McBell
Unbound
I would flat out ask them to cite the laws in question
Sha'irullah
رسول الآلهة
Oh lawd have mercy, BDSM needs no government meddling.
I have every right on this earth to punish my slave how I see fit. Unless she says Jesus I am in the right.
I have every right on this earth to punish my slave how I see fit. Unless she says Jesus I am in the right.
Twilight Hue
Twilight, not bright nor dark, good nor bad.
I'd say that deserves a good spanking.
Well then... I just broke the law tonight!
Riders
Well-Known Member
Its that no one can consent to assault, so and being tied up I read is also against the law tied up spanked whipped flogged is against the law.But if you keep it to yourself and there are no marks people don't know about it then its ok,but if you have marks on you it can become a problem.
Sha'irullah
رسول الآلهة
I am just imagining my possible arrest scenario. I have a treasure trove of "equipment" in my closet and the police are pulling out all of the ball-gags, paddles and toys and bagging it for evidence while my future wife is screaming, "he did nothing!"
The ludicrousy of the possible circumstance is hilarious. I can only pray I don't get arrested with my own handcuffs.
Starting a couple of years ago, changes in law and policy meant that I as a public education employee (in Indiana) had a positive duty to report ANYTHING (and we had a little bit of training on this) that anyone said even to someone else that suggested that someone was being abused. Also, seeing physical evidence such as bruises put me a position of having to report to certain school officials.
In practice, I think me and my fellow faculty probably ignored some things that we probably should have reported, and I had to tell students that before they brought something up to me, they needed to very carefully think about whether or not they wanted to talk to ME about it...and, probably report it themselves, or talk to student support services...
Technically, seeing bruises on someone after they played football with friends would require me to report it as possible abuse...
As Sgt. Schultz said: "I see NOTHING! NOTHING!"
In practice, I think me and my fellow faculty probably ignored some things that we probably should have reported, and I had to tell students that before they brought something up to me, they needed to very carefully think about whether or not they wanted to talk to ME about it...and, probably report it themselves, or talk to student support services...
Technically, seeing bruises on someone after they played football with friends would require me to report it as possible abuse...
As Sgt. Schultz said: "I see NOTHING! NOTHING!"
McBell
Unbound
Hmmm...
I can see where that would make it illegal.
My question is who gets the draw the line?
Skwim
Veteran Member
Assault taken as legal term:
"Assault
At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.
Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition."
Source: The Free Dictionary - Law Dictionary
At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.
Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition."
Source: The Free Dictionary - Law Dictionary
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Deathbydefault
Apistevist Asexual Atheist
I'm fairly certain my state considers it assault, though I'm not certain if the law itself is state by state or federal.
Even still, it's one of those things you probably wont get arrested for, maybe some intense questioning at worst.
McBell
Unbound
"After viewing the video evidence......"
McBell
Unbound
watching YouTube three days later:
"Hey, thats the video that got me off!"... (no pun intended)
psychoslice
Veteran Member
Is that all you are ever interested in, sex ?.
Uhh, basically.
psychoslice
Veteran Member
Poor thing.