BDSM and legal issues

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BDSM and legal issues

Unread postby MelbourneDom » Sun Dec 04, 2016 1:33 am

tiemeupalso wrote:
>it could be a set up for a rape charge.

[The quote above comes from another thread I initiated but I've moved
it to this new thread as it is a different topic which deserves its
own airing.]

That is a very pertinent comment.

In this case I have absolute confidence that is not the situation but
you raise the valid point that much of what we do is an anathema to
the majority of society and if things go wrong could see we Dominant
people in prison!

Our first safeguard must be SSC.

I don't know if this abbreviation is still in common use in the BDSM
scene (because I have nothing to do with "The Scene" these days) but
it means "Safe, Sane and Consensual" and we should *always* ensure
what we do meets those criteria otherwise your partner has a valid
reason to complain and *you* shouldn't be doing BDSM at all.

Let's not beat around the bush:
The problem of contested BDSM "abuse" and consent will generally
arise at the time of a marriage (relationship) breakup and will be an
accusation from the female that her (Dominant) male partner abused
her. Such tactics are usually used in an attempt to gain financial or
child care advantage or simply as vengeance - maybe all three - anger
can be a terrifyingly powerful emotion.

In the event she has evidence of BDSM activity it is an *extremely*
persuasive argument and only marginally less so if she does not have
evidence, a tearful woman relating how he chained her up naked and
whipped her is an emotive sight.

As a counter to this Dominants should ensure they obtain usable
evidence of consent. Exactly what nature this may be depends upon
many factors but e-mails, recorded phone calls and video spring to
mind. I can hear the gasps from here :)

I suggest Dominants gather appropriate evidence and if it is never
needed so much the better and they may destroy it at an appropriate
time and no one is the wiser.

Deceit Yes, it is. But it is a benign deceit. We must protect
ourselves from an event which, if it happens, we will have no defence
to whatsoever.

I am old. I have witnessed much in my life. I have seen people do
things I *never* thought they could... let alone would. I now
believe, irrespective of kith and kin, we are alone in this world and
must protect ourselves as best we can. An interesting philosophical
discussion, for another time perhaps.

A quotation which has stood the test of over 300 years:
"Heaven has no rage like love to hatred turned, nor hell a fury like
a woman scorned".

William Congreve (1670 – 1729). From his play - The Mourning Bride
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Re: BDSM and legal issues

Unread postby One Pivot » Sun Dec 04, 2016 4:53 am

This truly has nothing to do with bdsm, being a dominant, or anything kink.

Vanilla people can lie just as kinky people can. People who create these false claims are sick people, and they exist in all walks of life. The only thing you can do to avoid legal problems with these people is to avoid these people entirely to begin with.

If someone wants to make false claims against you, what you're into sexually is kind of besides the point, isn't it?

If you're sneaking around, breaking trust, secretly recording anything... You might be the one people need to protect themselves from!
See my handmade leather bondage gear here!
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Re: BDSM and legal issues

Unread postby Mully » Sat Dec 10, 2016 2:34 pm

Whilst I don't disagree that this could be used against someone I don't think secret recording of a session is the way to go. Film/record with consent yes, without, no.
If a relationship is on rocky ground its unlikely either person wants to get that intimate with the other anyhow.
Those sort of accusations could be made by an (ex)partner regardless of them being SSC but I'm sure if the couple in question were in scene there would be a few people willing to step up and tell the truth of it (ie s/he was into BDSM etc).
Family Court judges are well aware of the games people play to try and get a better end of the separation/divorce stick.
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