legal situations arising from bad terminations..... a question

legal situations arising from bad terminations..... a questi

justseekingproperty​(dom male) • Dec 15, 2019

I'm just curious, I've seen lots of articles on sexual misconduct being considered rape in BDSM relationships when it comes to a court of law. But has anyone experienced something like a scorned sub trying to levy abuse or worse charges upon being released?
Something along the lines, speaking hypothetically, if a sub were to be dismissed, and instead of leaving peacefully called the police saying her dominant physically abused her.
Would an existing contract of consent offer a defense that it wasnt abuse but consentual? Would it even matter? I understand that a contract is not enforceable in a court of law, but could it serve as a defense?

sir james ladies​(sub female){oh yes ple} • Dec 15, 2019

do not automatically assume that the contract is not legal in a court of law. first, check the law in your state, second, check with a matrimonial lawyer specializing in this field. as part of the contract make sure that video is authorized by both parties (or more). make sure that you ask each time you tie or strick you sub if this is what the want. the contract is enforceable this way and will cover you for both sides of the law pertaining to this conflict of our chosen lifestyle.

AKittenforSir​(sub female){JohnBond} • Dec 17, 2019

It’s not a legal contract but it can be used as evidence in a police investigation or the investigation of the state attorneys office.

justseekingproperty​(dom male) • Dec 17, 2019

I'm talking about something like a domestic violence or battery charge, or something along those lines.
Would a contract cover that as consent? Would that then negate the crime being charged?

AKittenforSir​(sub female){JohnBond} • Dec 17, 2019

No not necessarily. Even if you can prove that she was consenting at the time of signing the contract, you can’t prove that she was consenting at the time of the alleged act. She may change her mind at any time.

Since slavery isn’t legal, and she wasn’t being financially compensated for her part in upholding the contract so it isn’t an employment contact, and therefore there really isn’t any merit to the contract in terms of proving consent to a physical act.

I stated that it can be used in a police and/or state attorneys investigation because hearing the Dom’s statement and viewing the contract as well as whatever other evidence there may, they may not even choose to bring charges against the Dom. Just because someone claims an illegal act has occurred doesn’t mean there is automatically a court case to defend.

SweetEvie • Dec 17, 2019

In Canada a famous case featuring a media celebrity and his BDSM conduct with certain individuals was called into question and it was because if his written proof of contractual arrangements with these women that he was exonerated.

https://en.m.wikipedia.org/wiki/Trial_of_Jian_Ghomeshi

Miki • Dec 18, 2019

For the dom, especially in the #Me Too era-- it's still has the potential of being a hot mess.

Written agreements and all that notwithstanding, a particularly vindictive Sub can still run screaming to the cops saying "Yes, I consented, but I changed my mind and said 'NO!!' and he kept whipping my ass!!"

Poor fuck has got a problem. It may look shitty in front of a jury, BUT we are now, thanks to some high profile ass-wipes in the news and even on cop shows... they'll more likely than not take her word for it. Rule #1 for guys of all ages and sizes... "When She Says No, You Have To Go."

Sexual misconduct, real or contrived for vengeance-- is the one charge that, regardless of the Law of the Land-- effectively carries the presumption of guilt.

dollMaker​(dom male) • Dec 18, 2019

Much of the activity involved in BDSM is illegal, one can not consent to what is assault. So producing a contract might only give evidence of the activity and not a defense of the activity.

I would seek legal advice, from a kink friendly lawyer or kink friendly organisation that can give legal advice. But the best advice I can give is assume everything you do is illegal, and can cause you a world of hurt if outed or a complaint made.