Sex As a Sport - The Law

[lavender]

Recently, in a case I discussed on the BDSM board, there was a trial of a man and woman engaged in an internet relationship, of sorts. The man and woman both noted interest in S/M relations over the internet and when they met they began an S/M encounter that went terribly wrong.

The woman, in effect, did not consent to the actions of the man, and the man did not respect her desires. The issue in the court case, as I previously discussed was of the victim's consent. The court posed the question: Can a person consent to activity that can physically harm them? Can a person consent to violence against them.

Under the law, a person cannot consent to things that will cause them bodily injury due to a state's compelling interest in protecting individuals from death. There are exceptions, including sports exceptions for those who willingly participate in dangerous sports.

So the question could be raised - is sex a sport?

In the context of this case, is sex a sport? The answer to this question does not in any way shape the outcome of the Jovanovich case. Clearly, there was no consent whatsoever in this encounter. But, the legal issues surrounding S/M sexuality interesting.

 

[Azwed]

I could see it being defined as a sport.

It is a consenstual act between two people.
It is most definetly a form of exercise.
There is a definite goal for the act.
I can see it being a competition of sorts.(Who can give the other the most pleasure)

Will never happen in this country because we are such prudes about sex though.

 

[teddybear4play]

The object is to score.

Duh.

TB4p

 

[lavender]

TB4P,

Sometimes you are just too profound for me, dude.

 

[zipman]

<snip>

In the context of this case, is sex a sport? The answer to this question does not in any way shape the outcome of the Jovanovich case. Clearly, there was no consent whatsoever in this encounter. But, the legal issues surrounding S/M sexuality interesting.

I don't think that the Jovanovich case is a good example. The case is currently being retried due to the Judge's erroneous decision to not allow critical emails that demonstrated the victim's consent. In addition, there were many other facts that contradict the victims story.

 

[Mischka]

Under the law, a person cannot consent to things that will cause them bodily injury due to a state's compelling interest in protecting individuals from death.

That's how they phrased the state's compelling interest? Not all physical harm results in death. I've seen freakshows where there was plenty of physical harm without the threat of imminent death.

Sex isn't a sport. I admit I know nothing about this case, but I would think that the laws on assault and battery would cover uninvited physical harm. I don't see the need to further develop the government's body on sex laws.

 

[lavender]

Re: Re: Sex As a Sport - The Law

I don't think that the Jovanovich case is a good example. The case is currently being retried due to the Judge's erroneous decision to not allow critical emails that demonstrated the victim's consent. In addition, there were many other facts that contradict the victims story.

Zipman,

The reason the Jovanovich case has been used is because it is the FIRST time that a court has ever ruled that someone could consent to violence against them in sexual encounters.

Since it is the first time and the only time, it's the only case to use.

I know it doesn't really further the D/s cause because it might make people scared of the practices, further stigmatizing those who actively participate in BDSM, but legally it's all ya got.

 

[Lost Cause]

The days of sport fucking are over.
The interpretation of a 'dangerous' activity is a large playing field. Some people interpret handcuffs and whips as endangerment. Some say that play rape is endangerment. Some say that bondage is endangerment. To me, people can engage in any type of sex play they want until one of them believes their life was threatened. If you get those "flags" that a partner may be a little over the edge, then that's the time to call it off. The purpose of the state should be to prosecute on one's behalf, an offense once it has been committed.

 

[calypso_21]

Sex could be deemed as a sport by some. I've known some people who rack up points by scoring. Not at all my idea of a good time but I have seen it happen.

Doesn't matter the BDSM aspect at all. Some just like to play the game.

 

[lavender]

Mishka,

No, that is not how they exactly phrased the compelling interest. I was writing and couldn't immediately find the phrasing so I just threw that out there. You know me, I'm not meticulous about the legal details when posting at lit. I save that for my copious notes and overly long outlines.

Our sex law doesn't address these issues actually. Currently, under the decisions of every court except for this appellate court in New York, consent is not even an issue, not an element of any of these actions. Therefore, if Mrs. Roberts (just a name out of my ass) and Mr. Roberts engage in sadomasochistic sex and their neighbors notice that Mrs. Roberts has cuts on her and reports this to the police, Mrs. Roberts could not use the fact that I consented to this as part of our normal sex play as a way to defend her husband.

That, in my opinion, is a problem.

 

[zipman]

Re: Re: Re: Sex As a Sport - The Law

Zipman,

The reason the Jovanovich case has been used is because it is the FIRST time that a court has ever ruled that someone could consent to violence against them in sexual encounters.

Since it is the first time and the only time, it's the only case to use.

I know it doesn't really further the D/s cause because it might make people scared of the practices, further stigmatizing those who actively participate in BDSM, but legally it's all ya got.

That's a fair point. I wasn't aware that it was the first case.

What threw me was that first you stated that she didn't give consent and then asked the question about the law not recognizing a person's ability to consent to harm. Regardless, it's not the focus of your post, my apologies.


However, the question about whether or not a person can consent to harm is an interesting one, as is your question about considering sex a sport.

In the context that you raised it, I think it should be considered as a sport. Take sky-diving or rock-climbing for example, or multiple other hobbies that people have which could result in injury or death. Why should the thrill of sexual excitement be any more illegal than the thrill of potentially killing yourself by jumping out of an airplane? There is clearly a double-standard that applies to anything sexual and the US government still tries to insert itself in our bedrooms too often (pun intended).

 

[lavender]

Not just the US courts zipman, it's also in Canada and England.

 

[Lancecastor]

Not just the US courts zipman, it's also in Canada and England.

There are many many differences in the laws surrounding sex acts in all three countries.

Have you considered linking to the first thread you did on this case, Lavender?

Here's one interesting resource, though some of the links are old.

http://www.bdsm-online.com/BDSM_general/general.htm


Cheers

Lance

 

[lavender]

I can link to that thread, Lance. Unfortunately, there are a lot of frogs on it.

http://www.literotica.com/forum/showthread.php?threadid=78799&highlight=Jovanovich

 

[Guest]

 

[crysede]

Do you think it would actually make much difference if people were allowed to (or confirmed to have the right to) consent to being harmed during sex?

This is just a guess, since my legal knowledge is pretty limited, but it seems to me that there might be a big problem establishing competence to give consent. Giving people the right to consent to have themselves harmed, won't actually give them more sexual freedom if attorneys can convince the jury that the person is incompetent - I would think this wouldn't be all that hard for an attorney to pull off, seeing as your average juror would probably think you'd have to be at least a little crazy to consent to being harmed. Plus there's the media bias against BDSM, so your jury is already going to be prejudiced against it, associating doms with psychopathic abusers, and subs as their poor brainwashed little slavies.

 

[REDWAVE]

Sexual Olympics

I definitely think sex is a sport, and should also be a spectator sport. There should be Olympic events in Cock Sucking, Pussy Eating, 69'ing, Butt Fucking, Regular Fucking, Gang Bangs (both of women by men and men by women), and (my favorite!) Water Sports. With appropriate special categories for gays and lesbians, bisexuals and transexuals too, of course.

Think of the TV ratings it could get!

 

[crysede]

Re: Sexual Olympics

Think of the TV ratings it could get!

But do you really think it could top golf? I don't know – I think the players might drown out the announcers, and then how would anyone know if the balls were in play?

 

[REDWAVE]

I don't know . . .

but I'd like to be a referee!

 

[crysede]

lol

I can see you now, pulling the contestants apart: “That's a 2 minute penalty for high sticking for you stud, and you get five minutes for holding baby – both of you into my penalty box right now!”

Sorry, hockey season – but I really would have used American-friendly baseball or football references if I knew anything about either of 'em