Kink Friendly Law

A recent trip to the northeast on a family emergency gave Lady HotchKiss a chance to visit a new client in Boston. Being safety conscientious I did a little research regarding BDSM and the law in the commonwealth.
Specifically looking for the law regarding common situations that might arise during a professional session. Since impact play is normally always involved I began my search under assault and battery. And was stunned to actually find a case where a riding crop had been found to be a dangerous instrumentality supporting a conviction for assault.
The case involved a gay male couple actively involved in a consensual M/s (Master and slave) relationship where the Master was a sadist who routinely employed S/M play in their relationship.
The cite is, Commonwealth v. Appleby, 300 Mass 296 for anyone wishing to read the full opinion. But this quote taken from the case really sums up the holding, “…[p]rivate consensual SM behavior is not a defense to…assault and battery by means of a dangerous weapon”. Which just goes to show simply because you’re playing under a consensual agreement doesn’t mean you’re always immune from prosecution.
For anyone wishing to delve into this subject more deeply, “Beyond the Pleasure Principal: The Criminalization of consensual Sadomasochistic Sex” makes an interesting read, the cite for this article is 11 Tex. J. Women & L. 51 (fall 2001). I have provide a link to the journals online website but unfortunately this issue isn’t in their online archives. But it can be found on LexisNexis or at any law library.

http://www.utexas.edu/law/journals/tjwl/index.html

© 2009, Lady HotchKiss. All rights reserved.

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