Guilty or Not?

[Sprinkles22]

Fetish sex is in the news headlines. Man Charged with Sex Electrocution. He's being charged with manslaughter for the death of his girlfriend following electro-play sex.

I'm having a difficult time reconciling my feelings over this story. Yes, I think he's guilty of *something* ... negligence, perhaps .... but the girlfriend was involved in this play as well; assuming it was consensual play, she allowed him to shock her. Now she is dead and leaving the boyfriend to take the fall because of choices they BOTH made.

Was it an unsafe experience? Well, D'oh! ... obviously. I can think of a hundred adjectives to describe the scene, and not many of them flattering, but was it murder? I don't think so. It was a tragic accident involving consenting adults who enjoyed a more adventurous sex lifestyle.

 

[nh23]

JBJ posted a link that has a little bit more info. http://forum.literotica.com/showpost.php?p=25810863&postcount=1.
I'm with you sprinkles..She obviously consented, and it was obviously accidental, but if the article is correct they were both being very unsafe. They should have asked DVS for some info before trying this..lol

 

[Rosie_Riveter]

Was it unsafe because it was above the waist? As in quite close to the heart?

 

[h_i_s]

I'd say, "involuntary manslaughter"....

.......... if the story provides the truth, the whole truth and nothing but... the truth.

Based on my interpretation and understanding of the law (which may or may not be accuarte because I do not practice nor study law) it is certainly possible that this was a homocide, which is 'generally' defined as one human killing another. This is possible, especially when based on the guy's own declaration of what happened.

Murder as we generally view the word and process it in our minds may seem unfitting. And as defined by law, and the courts in the US and other countries, is not so simple as we'd like to think it is. It's certainly possible, based on this guy's story, that this was a case of some form of 'murder'.

Murder, which involves intent to kill (malice), or killing with malice aforethought, "an unintentional killing but with a willful disregard for life" (had to wiki that one to find precise words to explain it)... doesn't seem to fit this case. And when we look at how law applies the meaning of involuntary manslaughter, "where there is no intention to kill or cause serious injury but death is due". Based on what I read in that article yesterday, I'd decided that the charges 'may' be fitting. It's possible.

We don't know what happened exactly because we were not there. We were not inside the guy's head, either. Who knows, really?

It IS possible that he had intent to kill.
It IS possible she killed herself.
It IS possible that it was neither his nor her intent for her to die.
Many things are possible, and we don't know which possibilities were more than possibility and catually happened.

So, my opinion is that none of know. We can draw conclusions until the cows come home but unless we were in the room when she was juiced, we don't know. The *courts will get to the bottom of it as they always do.


*And this is all beside the fact that I can't help but keep in mind that it IS possible that in the next 3-10 some other court may even find that the guy was wrongfully charged.. wrongfully committed .. and innocent all along.

I don't have 'much' faith in how the courts in the US and our justice system work. Far too often the law just doesn't 'work' well, and/or at all.

 

[madetotakeit]

In my opinion, his actions fit the definition of manslaughter even if her consent was given. While the intention was not to cause her death, recklessness did have that result. Anyone who plays with the electrical system of the body you should research it thoroughly. The unregulated electrical flow cardioverted the heart changing the heart's rhythm until it was unable to do its job. Going for homemade electroplay is never a wise choice. The voltage that was delivered exceeded what would be given with a professional unit. Also, from my understanding, even with professional units you are supposed to avoid any areas near the heart for the possibility of the above reason. This is why the whole idea of electroplay makes me nervous. Failure to investigate the dangers is no excuse. That's why he is charged with manslaughter rather than murder.

 

[bronntanas]

Was it unsafe because it was above the waist? As in quite close to the heart?

Possibly, though I've used TENS units carefully above the waist with no problems. The big screw up was here:

But police said when burns were found, he told them he had clipped a cord to his wife and plugged it into an electric strip three or four times.

Never EVER use house current for electro stim. The voltage is too high and the human body simply cannot transfer that much energy without serious injury or death. It just doesn't work! Use a TENS unit, or save your pennies for a violet wand and all the yummy attachments. But wall current, car batteries, wheel chair batteries are all too strong. Electricity is one place where bigger is NOT fucking better and the margin for error is practically nil!

Yes they were both idiots to be playing that way, but I don't think it's murder. Do they have an accidental manslaughter thing down there? If they don't, then maybe a reckless endangerment charge? But if she consented, I'm not that would stick either. US law is weird.

Edit to add: Scratch that, he was charged with invol manslaughter and reckless endangerment.

 

[h_i_s]

................. Do they have an accidental manslaughter thing down there?
Edit to add: Scratch that, he was charged with invol manslaughter and reckless endangerment.

I've never heard it worded as accidental. Same thing in my mind as involuntary, just curious though to ask though (I've not lived in other areas of the country): Do some courts call it accidental vs involuntary??

 

[EmpressFi]

If this was all one freak accident..

Imagine the guilt he must be carrying now...

Someone on the board Malin and I run (a truly Vanilla/gamer-geek board), someone posted it. Although I killed the thread by posting 1) that they were probably trying to make a homemade violet wand and 2) by describing what a violet wand feels like....

But this is truly sad. A young woman is lost, her lover will probably be convicted of manslaughter and even if he isnt, he'll probably punish himself for the rest of his life.

 

[Netzach]

If it was unintentional and not some bullshit murder cover up story

....complete staggering monolithic idiocy. Fork in an outlet, hello.

 

[h_i_s]

If this was all one freak accident..

Imagine the guilt he must be carrying now...

Someone on the board Malin and I run (a truly Vanilla/gamer-geek board), someone posted it. Although I killed the thread by posting 1) that they were probably trying to make a homemade violet wand and 2) by describing what a violet wand feels like....

But this is truly sad. A young woman is lost, her lover will probably be convicted of manslaughter and even if he isnt, he'll probably punish himself for the rest of his life.

Uh huh. Yep.
I can only imagine, and even then, am fairly certain that I still can't guess how badly that's got to make a person feel, or what he is dealing with inside of himself (if it was accidental).
I hear you. Fi.
Sad ain't nearly fitting as the word.

 

[Marquis]

He's lucky to get involuntary manslaughter. You can get charged with that for neglecting a reasonable duty - like leaving an oil slick on your floor that someone trips on and breaks their neck, or not giving someone the heimlich if you've had training on it.

I'd say plugging your wife in makes you slightly more culpable.

 

[Homburg]

If it was unintentional and not some bullshit murder cover up story

....complete staggering monolithic idiocy. Fork in an outlet, hello.

He's lucky to get involuntary manslaughter. You can get charged with that for neglecting a reasonable duty - like leaving an oil slick on your floor that someone trips on and breaks their neck, or not giving someone the heimlich if you've had training on it.

I'd say plugging your wife in makes you slightly more culpable.

Agreed on both. Fucking idiots. Publicise the story, put his ass in jail, and leave it as a warning to the rest to not be fucking stupid with the health and well-being of your bottom.

 

[bronntanas]

I've never heard it worded as accidental. Same thing in my mind as involuntary, just curious though to ask though (I've not lived in other areas of the country): Do some courts call it accidental vs involuntary??

I don't know US law well enough to know. Although there isn't an "accidental" wording in the case law at home (Republic of, not Northern) there is legal precedent that if you accidental off someone and either you are of diminished mental capacity, or honestly didn't realize (for whatever reason) that there was a credible chance of death or injury for your actions, you can be declared guilty and still not be convicted of wrongdoing. I have no idea what the statute is, but I vaguely remember a case when I was a kid of a man who lost his kid in an accident at a limestone quarry. He was found guilty, but the verdict was set aside when the judge determined there was no reasonable way he could have known of all the dangers involved in whatever it was he was doing.

I'm glad I don't have to sit the jury on this one. Because I kind of have the idea that if you're going to play with dangerous toys, you need to educate yourself as to what the hell you're doing, and from the police report, I don't think they did. Darwin in action, so to speak.

Police report found here: http://www.thesmokinggun.com/archive/years/2008/0125081dryer1.html

 

[Sprinkles22]

Agreed on both. Fucking idiots. Publicise the story, put his ass in jail, and leave it as a warning to the rest to not be fucking stupid with the health and well-being of your bottom.

I'm being more soft hearted to the poor man. I don't think he deserves jail time for JOINT stupidity, nor do I think he deserves all the blame because he was the Top. We bottoms shouldn't be brainless and ignorant of dangerous games; I think it's unfair to say HE should have have taken all the safety precautions. And from one of the reports I read about it, he has stated that she initiated the scene. If that is true, it was her choice, her game .... ultimately her sacrifice.

I'm looking at this from a perspective that the wife is just as responsible for her own accidental death as the husband. I don't see how jail time will *fix* this problem or what *debt to society* the husband owes.

 

[Netzach]

I'm being more soft hearted to the poor man. I don't think he deserves jail time for JOINT stupidity, nor do I think he deserves all the blame because he was the Top. We bottoms shouldn't be brainless and ignorant of dangerous games; I think it's unfair to say HE should have have taken all the safety precautions. And from one of the reports I read about it, he has stated that she initiated the scene. If that is true, it was her choice, her game .... ultimately her sacrifice.

I'm looking at this from a perspective that the wife is just as responsible for her own accidental death as the husband. I don't see how jail time will *fix* this problem or what *debt to society* the husband owes.

Um, sorta but no.

It's not like she was masturbating and putting them on herself. And it's ultimately his *choice* to satisfy her sexual urges in a way that could possible kill her.

You can always walk away from a scene when you're the one doing the stuff.

 

[PleasurePuppy]

Agreed on both. Fucking idiots. Publicise the story, put his ass in jail, and leave it as a warning to the rest to not be fucking stupid with the health and well-being of your bottom.

I do feel sorry for him, but Homburg is right. Murder is murder, and she trusted him with her life.

 

[bdsm_librarian]

Media Archived

Document 1

Man Accused Of Sex Electrocution Of Wife

CRALEY, Pa. -- Police said a 29-year-old York County woman is dead after her husband apparently shocked her with an electric cord to stimulate her during sex.

Officials said 37-year-old Toby Taylor was jailed Thursday in lieu of $100,000 bail on involuntary manslaughter and reckless endangerment charges.

Authorities said Kirsten Taylor was found unconscious Wednesday night at their Lower Windsor Township home. She was taken to York Hospital, where she was pronounced dead.

Police charging documents said Toby Taylor first said his wife was shocked by a hair dryer. But police said when burns were found, he told them he had clipped a cord to his wife and plugged it into an electric strip three or four times.

York County Coroner Barry Bloss called it a case of "bizarre sex" and said, "Even if you did it before, you have to know you could kill someone."

Link - WGAL News

Document 2

Kinky Sex, Shocking Death
Pennsylvania man charged with electrocuting wife during nip zip

JANUARY 25--A kinky sex escapade ended this week with the electrocution death of a Pennsylvania woman and the arrest of her husband for manslaughter. According to cops, Toby Taylor, 37, first claimed that his wife Kirsten was shocked by her hair dryer. But he then admitted that the couple was "into weird sexual behaviors," according to a probable cause affidavit. Taylor then explained that he hooks clips to his wife's nipples and "plugs the cord into a electric strip" and shocks her. On Wednesday evening, Taylor said, Kirsten removed her clothes, attached the clips, and shocked herself. He then picked up the electric strip and shocked her several more times, adding that he had placed a piece of electric tape over her mouth during the jolts. After the last shock, Kirsten, 29, "fell over on to her face." Taylor initially thought his wife was joking, but quickly realized she was unconscious. He then dressed her in preparation for driving to the hospital, but instead called 911 when she stopped breathing. Taylor, pictured in the below mug shot, told investigators that the couple had "been engaging in electric shock sex and other types of extreme bondage for about 2 years." He was charged yesterday with involuntary manslaughter and reckless endangerment and was jailed in the York Count lockup (where he remains in custody on $100,000 bail). (3 pages)

Link - The Smoking Gun

Image - Affidavit of Probable Cause

Image - Police Criminal Complaint

Link - The Smoking Gun

 

[Sir_Winston54]

From my reading of the article, the Affidavit of Probable Cause, the Police Criminal Complaint, and a quick search through the Pennsylvania Statutes, he was charged under their Title 18, Part II, Chapter 25, Section 2504.

§ 2504. Involuntary manslaughter.
(a) General rule.-A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.

(b) Grading.-Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree.​

The penalty for a first degree misdemeanor is found in Title 18, Part I, Chapter 11, Section 1104.

§ 1104. Sentence of imprisonment for misdemeanors.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall be not more than:

Five years in the case of a misdemeanor of the first degree.​

Unfortunately, on the Pennsylvania Code webpage for Title 204, Part VIII, § 303.16, the sentencing matrix form used to determine sentencing guidelines based on the Offense Gravity Score and Prior Record of the offender was placed on the page as a graphic which does not appear for me. Therefore, I'm unable to accurately determine the minimum period of imprisonment to which he could be sentenced if he has no prior criminal record. The maximum is, of course, the statutory limitation of § 1104, or five years in a state prison. (Maybe someone else can see, hijack and post the sentencing matrix. If so, the page is here.)

Is he guilty of something? In my mind, yes. He is (and she was) guilty at the very least of terminal stupidity. As someone else said, Darwin in action. One of them paid the full price; the other will likely pay a perhaps greater penalty with a lifelong criminal record as well as, if it was accidental, the mental/emotional anguish for his part in their activities.

Should he go to jail? If a Court or a jury finds that it was in fact involuntary manslaughter (as opposed to murder), I don't think so if he has no prior felony record. A term of probation coinciding with community service plus counseling (NOT sex offender counseling!) would seem to me to be a more appropriate sentence.

 

[Netzach]

I will be pretty infuriated if this guy walks, actually. I would not expect *myself* to walk if I negligently killed one of my clients, god forbid.

Yes very sad very tragic, and ultimately criminally *negligent and callous* I'm sorry but a little accidental strangulation or electrocution between friends is OK? The message is that women are pretty expendable sexual treats then.

If he walks, I'd be bringing the mother of all civil suits if I were a surviving relative of hers. He would never know two dimes to rub together again and I have no trouble feeling that's mean and wrong.

 

[Rosie_Riveter]

I still can't picture what they were doing--they cut an electrical cord and exposed the wires?

 

[catalina_francisco]

Um, sorta but no.

It's not like she was masturbating and putting them on herself. And it's ultimately his *choice* to satisfy her sexual urges in a way that could possible kill her.

You can always walk away from a scene when you're the one doing the stuff.

Yep, not to mention employ some common sense. Unfortunately there are a lot of wally's who think it is just a game and they are infallable. If he gets off scot free or lightly, it is not sending a very responsible message and will be just one more point for those who do not understand or respect the right for people to choose this lifestyle to point fingers and feel justified in continuing to try and restrict freedom of choice and participation within the lifestyle by lobbying for yet more restrictive legislation for what we can do behind closed doors. I have very little patience for people who mess around with things they do not understand or choose to not research before dabbling, with the end result being it blackens the image of BDSM overall.

Catalina

 

[Sprinkles22]

I still can't picture what they were doing--they cut an electrical cord and exposed the wires?

I don't know either, but I envisioned that an exposed electrical cord was wrapped around the chain between two nipple clamps.

Some homemade BDSM toys are wonderful, but I'm not thinking electro toys should be bought and assembled from DomDepot.

 

[BiBunny]

I don't know either, but I envisioned that an exposed electrical cord was wrapped around the chain between two nipple clamps.

Some homemade BDSM toys are wonderful, but I'm not thinking electro toys should be bought and assembled from DomDepot.

Seriously. I don't know how you can NOT know that plugging someone into an outlet (for all intents and purposes) will kill them. *Carlos Mencia*

 

[catalina_francisco]

Seriously. I don't know how you can NOT know that plugging someone into an outlet (for all intents and purposes) will kill them. *Carlos Mencia*

Oh I know a couple of peple who would fit into the category of not having the brain cells to compute that rather basic fact. Sad, but true, and the type person I would not be bottoming to for anything.

Catalina

 

[BiBunny]

Oh I know a couple of peple who would fit into the category of not having the brain cells to compute that rather basic fact. Sad, but true, and the type person I would not be bottoming to for anything.

Catalina

You have a point.

I suppose it's natural selection at work, but it's still sad for the poor woman.