Thoughts on BDSM Bars

strictlygentle(dom male){Queen Alex}

3 years ago • Nov 1, 2020

DrWakko wrote:

In the US one can not consent to being hit.

Ever heard of MMA? Boxing? Football? Or any one of the numerous other contact sports frequently put on for entertainment in the United States?

Every state, city, county, and municipal entity has different laws, but generally speaking, in the US, you absolutely can consent to being hit, at least by someone you aren't in a relationship with. At least in Washington, and probably other states, it switches from assault (which you can consent to) to domestic violence (which you can't) if the people are in a "domestic relationship." Kink of ironic and stupid that it is this way, since a play session with a stranger becomes legally safer than play in a trusting relationship, but you can see why they did it.

Quote: You can receive an assault charge even if you are playing with a consenting adult.

You can receive an assault charge while asleep in bed and indict a ham sandwich for a felony. Anything, including stupid things, can happen. That's life. Best defense is playing smart. Believing things that aren't true isn't smart.

Quote: Being a kinkster it is always a good idea to read up on local laws.

...would be an example of playing smart.

I always wonder why people are so worried about an assault charge anyway. Washington calls the crime assault, but in most states, the charge they'd get is *battery*. Assault, in most states, is more akin to a "making threats" charge.

DrWakko

3 years ago • Nov 1, 2020

In Washington, a person commits the crime of simple assault (also called assault in the fourth degree), a misdemeanor, by hitting, touching, or attempting to injure another; or intentionally placing another in fear of injury by some physical act.
CriminalDefenseLawyer.com › wash...
Washington Assault & Battery Laws | CriminalDefenseLawyer.com

TheDankLord(switch male)

3 years ago • Nov 1, 2020

I went to a BDSM bar in Austria one time. Its a cool idea, I do like it, but obviously alcohol consumption needs to be moderated to avoid excessive risk. I'd not engage in BDSM activities, especially with someone I just met, if they or I was under the influence. Definitely very risky. That being said, done right I do like it. Its nice to be able to go out to a place to meet kinky people, can be hard to do that at regular bars kink isn't exactly something you bring up in regular daily conversation.

strictlygentle(dom male){Queen Alex}

3 years ago • Nov 1, 2020

DrWakko wrote:

You see but you do not observe.

If the world worked the way you think it does, here are some of the things we should see:

Parents arrested for holding their infants (touching). For that matter, every doctor that's ever delivered a baby. Along with all the nurses and whoever else attends to them.
The Seahawks shouldn't exist, as they should all be in jail. After all, there's live broadcast video evidence of them touching the other team.
Two people high-fiveing each other get arrested and go to jail.
Couples holding hands, hugging, or kissing in the park? Jail!
Airsoft game? Ho-lee-shit, that's a jailin'!

Since we don't see these things, the reasonable, rational thing to do is question if the world actually works the way that you think it does. Hint: it doesn't. When our observations don't match our understanding, that's an opportunity for learning and even novel discovery to occur. Questioning is skepticism, noticing is critical thinking, figuring out the actual rule is science, and accepting the new, better answer is rationality. Since you read this and it didn't occur to you that your understanding made absolutely no sense in the context of... well... any human being with a television in their home that's seen a Seahawks game, you were obviously oblivious to this opportunity... as so many sadly are. Either that or you're using the classic internet trick of posting the wrong answer in order to get someone to angrily give you the right one, in which case, bravo! (Well, half bravo, I'm not angry after all, but it would be easier if you'd just ask your question instead of making us all guess.)

To save everyone else the homework:

https://www.courtlistener.com/opinion/1412357/state-v-garcia/

Quote: Defendant's argument mistakenly assumes that an assault must be an attempt to injure. An assault is an attempt to commit a battery, which is an unlawful touching; a touching may be unlawful because it was neither legally consented to nor otherwise privileged, and was either harmful or offensive. See R. Perkins, Criminal Law *404 ch. 2, § 2.A.1, at 107-08 (2d ed. 1969); 6 Am.Jur.2d Assault and Battery § 5, 10 (1963).

https://govt.westlaw.com/wcrji/Document/Iefa7d8b5e10d11daade1ae871d9b2cbe?contextData=%28sc.Default%29&transitionType=Default

Quote: The term “assault” is not defined in the criminal code. Courts use common law to define the term. State v. Krup, 36 Wn.App. 454, 457, 676 P.2d 507 (1984); Peasley v. Puget Sound Tug & Barge Co., 13 Wn.2d 485, 504, 125 P.2d 681 (1942). Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of inflicting that harm. State v. Hupe, 50 Wn.App. 277, 282, 748 P.2d 263 (1988), disapproved of on other grounds by State v. Smith, 159 Wn.2d 778, 154 P.3d 873 (2007). Accord, State v. Madarash, 116 Wn.App. 500, 513, 66 P.3d 682 (2003). State v. Hupe, 50 Wn.App. 277, contains an extended review of cases defining the term “assault.”

[...]

Consent. In State v. Garcia, 20 Wn.App. 401, 579 P.2d 1034 (1978), the court defined an assault as “an attempt to commit a battery, which is an unlawful touching; a touching may be unlawful because it was neither legally consented to nor otherwise privileged, and was either harmful or offensive.” State v. Garcia, 20 Wn.App. at 403; also see State v. Humphries, 21 Wn.App. 405, 408, 586 P.2d 130 (1978). However, an individual cannot consent to an assault if the activity consented to is against public policy or is a breach of the peace. State v. Hiott, 97 Wn.App. 825, 828, 987 P.2d 135 (1999) (a juvenile could not consent to a game in which the victim and defendant were shooting each other with BB guns). Thus, the circumstances in which the jury is properly instructed regarding the defense of consent are rather limited, outside the context of a sexual assault.

So Wakko:

https://www.youtube.com/watch?v=V3y3QoFnqZc

DrWakko	DrWakko 3 years ago • Nov 2, 2020 3 years ago • Nov 2, 2020 DrWakko • Nov 2, 2020 Congrats for jumping the shark. I’m done with this convo. Hope you don’t end up in jail.

strictlygentle(dom male){Queen Alex}	strictlygentle(dom male){Queen Alex} 3 years ago • Nov 2, 2020 3 years ago • Nov 2, 2020 strictlygentle(dom male){Queen Alex} • Nov 2, 2020 DrWakko wrote: Congrats for jumping the shark. I've never been popular here so I've no idea what you mean.