legal question about bdsm =/= battery

[marieR19]

Okay, this is for a story I'm writing (this year's NaNo story, actually), but I figured I'd get better answers here instead of in the Authors forum, and besides it's not a story for Lit, so...

Does anyone have any idea how likely or how hard it would be for a battery charge to get dropped because of bdsm? Basically, a stranger sees a Mistress beating on her slave, and the cops are called, and the Mistress ends up getting arrested before anything can be explained. How hard would it be to convince a judge or whoever that it is indeed consentual (the slave would be the one doing the convincing, since of course the Mistress's words wouldn't have much weight...)?


Heather

 

[Betticus]

Okay, this is for a story I'm writing (this year's NaNo story, actually), but I figured I'd get better answers here instead of in the Authors forum, and besides it's not a story for Lit, so...

Does anyone have any idea how likely or how hard it would be for a battery charge to get dropped because of bdsm? Basically, a stranger sees a Mistress beating on her slave, and the cops are called, and the Mistress ends up getting arrested before anything can be explained. How hard would it be to convince a judge or whoever that it is indeed consentual (the slave would be the one doing the convincing, since of course the Mistress's words wouldn't have much weight...)?


Heather

Hmmm.. that might not even make it to the district attorney if the slave refuses to press charges.

 

[graceanne]

Depends on the place and the judge. In some states they won't press charges for battery if the battered won't. In some they will.

 

[FurryFury]

Public assault can be pressed whether or not the "victim" claims it was consenting, and is, in many states. It's also incredibly unwise to conduct such things in the public eye IMO.

Since it's a story, you can say it's a state where charges won't be pressed because the "victim" won't go forward.

BTW, did you know quite a few places still publish or broadcast arrests locally? That could cause a few story wrinkles.

 

[Etoile]

Assuming the battery charges stick (as stated above, this doesn't always happen) then the chances of acquittal based on consent/BDSM are slim to none. BDSM is not valid in court in most jurisdictions. In the UK recently there was a case that ruled a person cannot consent to assault on their person...the "victim" was convicted of participating in his own battery.

 

[marieR19]

Oooohhh. So this could be much more interesting then I initially planned. lol Awesome.

I already know that, whether or not charges are dropped, she will be fired from her job, because technically this takes place on company property, although after hours. That could fit in very interestingly with what Fury said about broadcasting local arrests.... hmm. Oh, and I totally agree it's unwise to do stuff like that in public... kinda why I'm writing it that way. Kris doesn't think about the consequences and probably doesn't care, but of course her slave does.

Oh wow Etoile, really? Hmm. That's interesting.

Guess it's a good thing I don't need to decide this ending right now. lol


Heather