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lovingpet -> RE: The Breakfast Thread (10/7/2009 2:35:42 PM)
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Smoochies back dark... and as long as that behavior is going on you don't have to settle down at all! [:D] First of all, I will agree that in my opinion both concepts are a bit nebulous at best. I guess we are going to have to stick with the idea that these two things actually do exist (for the sake of argument) and that they have significance. Whether I find either premise credulous is of little consquence in all honesty. Basically, I was thinking through the idea that some posters were putting up earlier that consent could or was the dividing line between what was legal or illegal in some jurisdictions. My immediate thought was that, on that basis, if consent is all that is needed, if it is all spelled out in a document of some kind and signed by the parties, witnesses, and someone of jurisdictional importance, then why isn't that a binding contract even though it covers bdsm themes? The simple answer is that there is no guarantee that the person is actually agreeing and signing without prior, ongoing, or future coersion. Then I started thinking that could well be true in any other number of arenas, so what makes this one so darn special that absolutely no legal document we draft can give effective legal protections to the parties involved. Even if the complete negotiations, drafting, signing, and legal procedures are not only followed, but taped with full audio, it is still in admissible as proof of consent. Why? I have no use for contracts myself, but if one is trying to establish consent and it is really that big of an issue to someone, then this is of some rather major importance. How do you ensure that consent is being given of free will and not coerced in any way? How can it be made clear to others who may wind up having to determine these things that this was the case? It seems to me the moment free will is removed, consent is null and void. The problem is free will can be lost mentally without any perceptible threat and without any intent on the part of the person that comes to be in the "coersive" position. Oh, and Jeff, you know darn well I'm a masochist, but don't you dare be saying anything to that partner of mine. I'm in flagarant denial and he made me do it after all!!!!! LOL. Thanks for everyone's comments so far. I am not actually TRYING to cause trouble, but if it finds me, I won't be terribly surprised either. lovingpet
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