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RE: Legality of Consensuality - 3/23/2007 7:44:25 AM   
thetammyjo


Posts: 6322
Joined: 9/8/2005
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quote:

ORIGINAL: KnightofMists

He played russian roulette with his freedom and it looks like he lost.


I agree.

He needed to have thought about his decision to not do as his partner (ex-partner I guess) asked about her pictures on his website. He made a poor choice that was too focused on his fantasy of what they had and not on the reality of the society they live in.

I have pictures of former partners on my website, I got their consent before I put them up but should any of them tell me or ask me to remove it, it would be removed immediately. to do otherwise would be a foolish choice on my side I think not just legally but also in terms of future Ds relationship. If I demonstrate a lack of respect for my partners or former partners why should someone else think I'm trustworthy or respectful in the future?

_____________________________

Love, Peace, Hugs, Kisses, Whips & Chains,

TammyJo

Check out my website at http://www.thetammyjo.com Or www.tammyjoeckhart.com

And my LJ where I post fiction in progress if you "friend" me at http://thetammyjo.livejournal.com/

(in reply to KnightofMists)
Profile   Post #: 21
RE: Legality of Consensuality - 3/23/2007 7:46:41 AM   
KnightofMists


Posts: 7149
Joined: 7/29/2005
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quote:

ORIGINAL: thetammyjo

If I demonstrate a lack of respect for my partners or former partners why should someone else think I'm trustworthy or respectful in the future?


Extremely well said!!!

_____________________________

Knight of Mists

An Optimal relationship is achieved when the individuals do what is best for themselves and their relationship.

(in reply to thetammyjo)
Profile   Post #: 22
RE: Legality of Consensuality - 3/23/2007 4:51:33 PM   
CreativeDominant


Posts: 11032
Joined: 3/11/2006
Status: offline
quote:

ORIGINAL: thetammyjo

quote:

ORIGINAL: KnightofMists

He played russian roulette with his freedom and it looks like he lost.


I agree.

He needed to have thought about his decision to not do as his partner (ex-partner I guess) asked about her pictures on his website. He made a poor choice that was too focused on his fantasy of what they had and not on the reality of the society they live in.

I have pictures of former partners on my website, I got their consent before I put them up but should any of them tell me or ask me to remove it, it would be removed immediately. to do otherwise would be a foolish choice on my side I think not just legally but also in terms of future Ds relationship. If I demonstrate a lack of respect for my partners or former partners why should someone else think I'm trustworthy or respectful in the future?


Exactly!!!!!!!!!!!!!!!!!!!!

(in reply to thetammyjo)
Profile   Post #: 23
RE: Legality of Consensuality - 3/28/2007 5:06:35 PM   
meesekite


Posts: 53
Joined: 9/8/2005
Status: offline
Hi all...
I was on Mr. Marcus's site. I was in a BDSM relationship with him from 2003 til 2006. He had consent for those photographs, and they were not taken against her will, no matter what she claimed or the jury believed. I know this from having known him, from speaking with her on a few occassions, and from hearing him speak to her. 

Lets say though that years later she did regret doing posing, as she apparently did. Regret over a past act doesnt mean there was non consent for that act. Thats like someone modeling for Playboy, changing their mind, and then insisting that all copies be destroyed. It doesnt happen that way.

He had model release forms we all signed. (I know, as I signed one as I was on the site myself). He had every legal right to use those pictures. Taking them down would have been very detrimental for the site (I feel), and as he had every legal right to use them, he made a choice to do so.
Not taking the pictures down at her request doesnt indicate a lack of respect on his part. And if you believe it does, well, a lack of respect isnt illegal.

As for risking future BDSM relations, I dont see how that does so. People should take responsibility for what they do.

As for the plea bargain, I dont understand where you see stupidity there. Why should Mr. Marcus have confessed to a wrong he did not commit; a crime he did not do? HE knew he was innocent, and had he plead guilty in a plea deal he would have most definately been a convicted felon. Going to trial at least gave him a chance of exoneration/ acquittal. I feel it is not stupid to stand for ones rights, ideals, and principles, and by NOT taking the plea, I feel Mr. Marcus was doing just that..maintaining his innocenece, and not willing to compromise the high standards I feel he believes in.
Sincerely,
meesekite

(in reply to CreativeDominant)
Profile   Post #: 24
RE: Legality of Consensuality - 3/28/2007 6:23:09 PM   
thetammyjo


Posts: 6322
Joined: 9/8/2005
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If he had legal documents then how could he be found guilty?

What exactly was he found guilty of then?

Did the jury find that he forced her to sign the forms against her will?

Was she underage when she signed them?

I'm very confused here, meesekite, about what he had legal documents for and what he didn't.

_____________________________

Love, Peace, Hugs, Kisses, Whips & Chains,

TammyJo

Check out my website at http://www.thetammyjo.com Or www.tammyjoeckhart.com

And my LJ where I post fiction in progress if you "friend" me at http://thetammyjo.livejournal.com/

(in reply to meesekite)
Profile   Post #: 25
RE: Legality of Consensuality - 3/28/2007 6:48:07 PM   
LuvnHome4FemSub


Posts: 12
Joined: 1/17/2007
Status: offline
quote:

ORIGINAL: thetammyjo

If he had legal documents then how could he be found guilty?

What exactly was he found guilty of then?

Did the jury find that he forced her to sign the forms against her will?

Was she underage when she signed them?

I'm very confused here, meesekite, about what he had legal documents for and what he didn't.


I agree with you Tammy. If he had signed model releases then why were they not shown in court?
Anyone that comes to me must be ready to have notarized documents signed as to consent for whatever happens here. I have the papers drawn up. They say just that and they give me complete ownership of all pictures or videos that may be done between us. Also included, is the fact that they are free to stay or leave, totally that person's choice.
The one thing we may disagree on though is my use of such material. If I had a website such as Gary's, and was told they did not want their pictures there that is not for them to say. They have given me ownership to do with as I please and it is for me to say what I do with them. This in no way shows me being disrespectful. Before you sign something, read it completely...as  I make mine do. Once it is signed, and notarized, then legally that is how it is.

_____________________________

"Walk a mile in my shoes - then just keep on going... I have more shoes!!"
"Cry yourself a river, build yourself a bridge... and get over it!!"

(in reply to thetammyjo)
Profile   Post #: 26
RE: Legality of Consensuality - 3/28/2007 6:58:51 PM   
MagiksSlave


Posts: 2768
Joined: 9/11/2006
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Sorry weather you own the immage or not I think it is sceevey to put photos of someone like that up when they have asked you not to or dont want you to.. Just becuase it is legal doesnt make it right. I wouldnt want anything to do with someone who would do that.. a Dom that ever had feelings for their sub I would think would not do it just because they could. Luvnhome is it really worth upsetting someone so much just because you can? I personaly think that is emotional abuse just my opinion.


Magik's slave

_____________________________

If you’re going through hell keep on moving
don't slow down
if you’re scared dont show it
you might get out
before the devil even knows your there.


-Rodney Atkins-



(in reply to LuvnHome4FemSub)
Profile   Post #: 27
RE: Legality of Consensuality - 3/28/2007 7:06:01 PM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline
He probably should have taken the photos down, but life in prison? Isn't that a little extreme? Child molesters don't even get that.

(in reply to MagiksSlave)
Profile   Post #: 28
RE: Legality of Consensuality - 3/28/2007 7:08:43 PM   
MagiksSlave


Posts: 2768
Joined: 9/11/2006
Status: offline
I dont get why people dont treat others as they wish to be treated it is such a simple life rule!!!

defient Isnt Karma a bitch??

Magik's slave

_____________________________

If you’re going through hell keep on moving
don't slow down
if you’re scared dont show it
you might get out
before the devil even knows your there.


-Rodney Atkins-



(in reply to defiantbadgirl)
Profile   Post #: 29
RE: Legality of Consensuality - 3/28/2007 7:35:37 PM   
Invictus754


Posts: 521
Joined: 12/16/2005
Status: offline
quote:

ORIGINAL: KnightofMists

He played russian roulette with his freedom and it looks like he lost.


Then we ALL are playing russian roulette by posting on this site. 
 
I don't like the idea of 12 people deciding my fate when none of them have been in the Lifestyle.  Posting here would label you with the "BDSM" seal, and anymore you are guilty until proven innocent.
 
I think we all need to become a little more politically active.  Fuck these 'moral majority' people.

_____________________________

You never know your limits, until you push them
If slavery is a gift, the Africans were pretty fucking generous in the 1700 and 1800s, weren't they?

(in reply to KnightofMists)
Profile   Post #: 30
RE: Legality of Consensuality - 3/28/2007 7:38:02 PM   
Invictus754


Posts: 521
Joined: 12/16/2005
Status: offline
quote:

ORIGINAL: MagiksSlave

Sorry whether you own the image or not I think it is sceevey to put photos of someone like that up when they have asked you not to or don't want you to... Just becuase it is legal doesn't make it right. I wouldn't want anything to do with someone who would do that... if a Dom that ever had feelings for their sub, I would think would not do it just because they could. Luvnhome - is it really worth upsetting someone so much just because you can? I personaly think that is emotional abuse - just my opinion.  Magik's slave


I don't think that he wanted to piss her off; I think it was a business decision.  He was making money off those photos.   He should have made her fill out a model release form - then he would have had a stronger case.

< Message edited by Invictus754 -- 3/28/2007 7:40:32 PM >


_____________________________

You never know your limits, until you push them
If slavery is a gift, the Africans were pretty fucking generous in the 1700 and 1800s, weren't they?

(in reply to MagiksSlave)
Profile   Post #: 31
RE: Legality of Consensuality - 3/28/2007 7:43:52 PM   
MagiksSlave


Posts: 2768
Joined: 9/11/2006
Status: offline
yes he made a busyness desition... a selfish uncareing one and like I said Karma bit him in the ass aint it a bitch!!!

It has been my experiance that most people get exactly what they deserve.


Magik's slave

_____________________________

If you’re going through hell keep on moving
don't slow down
if you’re scared dont show it
you might get out
before the devil even knows your there.


-Rodney Atkins-



(in reply to Invictus754)
Profile   Post #: 32
RE: Legality of Consensuality - 3/28/2007 7:45:27 PM   
LuckyAlbatross


Posts: 19224
Joined: 10/25/2005
Status: offline
quote:

ORIGINAL: MagiksSlave
It has been my experiance that most people get exactly what they deserve.

Magik's slave

Those are strong words to throw around- how will you react when someone says that to you next time you have a problem?

_____________________________

Find stable partners, not a stable of partners.

"Sometimes my whore logic gets all fuzzy"- Californication

(in reply to MagiksSlave)
Profile   Post #: 33
RE: Legality of Consensuality - 3/28/2007 7:48:26 PM   
MagiksSlave


Posts: 2768
Joined: 9/11/2006
Status: offline
Look LA we reep what we sew.. What he was doing was less then admerable(Sp??) and when it came down to his peers judging him they saw that they aparently didnt like the way he had acted (I just cant feel bad for someone paying for doing something scummy) and now he is paying the price. Though I completley understand what you are saying and I do agree with you on some level Im sorry but I have no simpathy for the man at all because I know how I would feel if it where me in those photos!!

Magik's slave

< Message edited by MagiksSlave -- 3/28/2007 7:51:09 PM >


_____________________________

If you’re going through hell keep on moving
don't slow down
if you’re scared dont show it
you might get out
before the devil even knows your there.


-Rodney Atkins-



(in reply to LuckyAlbatross)
Profile   Post #: 34
RE: Legality of Consensuality - 3/28/2007 8:05:21 PM   
meesekite


Posts: 53
Joined: 9/8/2005
Status: offline
Magiks,
You may feel Glenn was a right bastard. Thats fine, your views are his own. However, your feelings that he was a bastard do NOT equate that he did anything illegal. If YOU had chosen to model for Glenn's site, you would (like Jodi, like myself) known the ramifications of doing so.

As for a jury of his peers...well, no one in that jury was into BDSM. So, it was actually NOT a jury of his peers. I think the jury saw the pictures and was horrified...because try as the defense did to explain BDSM and consensual S and M, I dont think they got it. Magiks, she signed consent as a capable adult. And as Luvn said, she should have taken responsibility for her acts.

Tammy, yes, there was a model release form. And yes, the prosecution tried to allege it wasnt a valid one.

LuvnHome, the issue was that she made up stories around the images and so, the jury believed her tales of force. And, now that it worked for Jodi, it will likely work for other women who want their images off websites. Just claim non consent.

Sincerely,
Chain
PS: this chat board gets confusing. If anyone wishes, email me at [email protected].

(in reply to MagiksSlave)
Profile   Post #: 35
RE: Legality of Consensuality - 3/28/2007 8:16:38 PM   
MagiksSlave


Posts: 2768
Joined: 9/11/2006
Status: offline
I didnt say it was illegal I said even if it was legal doesnt make it right and doesnt mean you should do it.

Magik's slave

_____________________________

If you’re going through hell keep on moving
don't slow down
if you’re scared dont show it
you might get out
before the devil even knows your there.


-Rodney Atkins-



(in reply to meesekite)
Profile   Post #: 36
RE: Legality of Consensuality - 3/29/2007 7:37:37 AM   
ExSteelAgain


Posts: 1803
Joined: 7/2/2006
From: Georgia
Status: offline
That was a great website and he was some kind of Dom, even if I wouldn't want to Dom his way. It was so extreme that I used to think it was fiction. As far as breaking the law with what we do, I know damn good and well we do. It is a reason to know others well before you play. Of course breaking stupid laws and rules shouldn't bother anyone.

_____________________________

You can paint a cinder block bright pastel pink, but it's still a cinder block. (By Me.)

(in reply to KnightofMists)
Profile   Post #: 37
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