Rape, Assault, Battery, and Police Reporting

I came across a fantastic post the other day by Saynine about the problem of rape within the BDSM context entitled “This Isn’t Play…BDSM and Rape“, following on the heels of reports by my friend, the outgoing International Ms Leather, Mollena Williams, of her rape by a prominent member of the Dublin kink community.    These are just the two latest posts I’ve encountered speaking out on this topic, and on the importance of reporting these rapes to the police, as well as publicizing them within the BDSM community.

Both posts and the ensuing comments discuss the potential implications of such reporting, both to the individual victims – and to the community as a whole.  The conclusions drawn pretty much without exception in these posts and many others I’m seeing, as well as the opinions of numerous other concerned individuals with whom I’ve been discussing the overall issues of abuse and consent for several years, the participants in San Francisco’s recent RACK panel, etc.,  is that reporting is essential – and that not only are the overall community’s needs secondary to supporting the victim and ensuring as best we can that others are not also harmed, but that doing so can only serve to help our image in the world, by conveying openly to everyone else in the most obvious way possible that we not only do not condone rape, assault, etc., and that that is not what WIITWD is about, but that we stand behind those words with actions that support them.

The question of rape and consent is important, but it’s also important to realize that rape as legally defined (basically, any kind of vaginal, anal, or oral penetration without consent) is only one part of the consent and abuse puzzle.

The other big issue that we face is the problem of either ongoing abuse of various sorts in BDSM relationships, and both in that context or in individual, one-off scenes, the issue of assault and battery if anything other than vaginal, anal, or oral penetration are involved – the questions of other types of play occurring without consent, limits being violated in the process, etc.

What happens when other limits are violated, such as beatings that go beyond the physical limits of what the bottom can take, too much force is used and the bottom is injured even in the course of something she did basically consent to but not to that level?  What about other situations such as if a knife is pulled nonconsensually, undesired cuttings, needles, or take your pick of various forms of humiliation play?  Or you tell your partner (who has been injuring you repeatedly with impact play and ignoring both feedback and ultimately safewords) that you now have a new hard limit, that he absolutely may not hit you with any kind of toy again until he gets some formal instruction and practice with it – and less than a minute later he starts right out doing it again, with a different implement than before, coming out with some lame excuse like, “I didn’t realize that was what you meant” when you protest and safeword yet again?  When even generally innocuous requests or demands happen to cause you intractable problems and yet he won’t relent and continues to demand that, throwing a fit when you object or try to stop it?  Or any number of other possibilities of hard or even soft limits being violated?

Legally, most if not all of these kinds of things are actually assault and/or, in the case that contact is actually made and not just threatened, battery. (Disclaimer – I am not a lawyer, and this is not legal advice.)

Different states have different laws that define each of these things (and domestic violence) differently, and laws and policies regarding arrests and prosecution vary even by jurisdiction within a given state, so it’s not possible to say what will or will not happen in each of these kinds of situations.

Another area that also seems pretty grey (although I’m sure the lawyers and police must understand it) is where the line is between domestic violence and assault and battery – and which one would apply in situations of the sort we kinksters often find ourselves in.

One thing I find particularly disconcerting is that much of what I’ve read about assault and battery seems to require that some sort of obvious and grievous injury occur in order for the concepts to apply and arrests to happen.

But what about those whose injuries never become visible?  Does that mean that they will not receive the same protections as anyone else who is assaulted by a partner or stranger?  I’ve been injured on multiple occasions where nary a bruise or mark ever showed up – but when I’m still in pain weeks and months later, I sure as hell considered myself just as injured as if some bone had been fractured or I’d been cut with a knife.

Regardless of the legal terminology, when limits are violated in any way, it sure still feels like rape.   The feeling of violation is terrible, and the violation of trust is almost as bad and sometimes even worse than the actual event.

I’ve had things done to me that in and of themselves may not have actually been that big a deal, but when they were things that because of other issues in the relationship, or other personal or medical reasons, I had set as a limit, it is precisely that breach of trust of a partner going ahead and doing it anyways, despite agreement not to, and then his negative reactions to my protests, that has often been far and away the bigger problem.

I would add to what both Saynine, Mo, and many others are saying about the importance of reporting rape (as well as other types of violations of limits) is that you need to do it right when the assault or rape happens, or very shortly thereafter.  Otherwise, the police are really unlikely to take you as seriously if you do it later.  Even if you do wait too long and they tell you they will not investigate it as a result, still insist on filing a report, so that at least there is something on record about this person’s behavior to help establish the pattern in case someone else runs into trouble with them and seeks police assistence.  There is also something very personally empowering to just tell your story to the authorities, to name what has actually happened.

Incompatibility vs Uncaring/Abusive?

Dominants, how would you handle a sub/slave who acts this way or in a way you don’t like when you play with him/her but is someone you want to keep on your chain?

@redcheeks, I’d start by making sure I fully understood what was driving it, both in himself and my own self.  A savvy dominant will start to assess behavior he doesn’t like by first looking inside himself to see what he himself may be doing to cause it.

Then you go from there.

I’m not sure why I get so angry at him.

Anger at someone who is not respecting your needs and desires like this is perfectly normal, especially when it happens repeatedly.

Why do you have to figure out who’s at fault? How about just figuring out what’s wrong at the core? Blaming people isn’t productive. It’s actually very damaging.

@_Aine_, if you don’t identify what part of the problem is in your own hands vs what is not, then it’s much harder to address issues effectively – or to do anything about whatever your own role may be.

While it is usually true that it takes two to tango, the reality is that sometimes problems are much more clearly the fault of one party or the other.

I’m not saying that’s the case here, but it’s true in general.

Even when it is clearly two-sided, it’s still important to know who owns what part of the problem – and for both parties to recognize this.

Blame in the sense of locating the responsibility where it rightly belongs and not taking on someone else’s bad behaviors as one’s own responsibility is important to maintaining good boundaries, in BDSM as well as in the rest of life.

You are not less submissive if you can’t give him what he needs; you’re just not a pain slut and unable to take the level at which he’s able to give.

I could not have said that better myself, @MistressOrlando.  And objecting when a dominant continues to try to administer a level of pain which one cannot take, particularly after communicating that to him repeatedly, is an entirely reasonable response.

It may also be a compatibility issue as others have already mentioned, but it’s definitely a violation of limits for that particular sub if that same behavior and level of pain administration continues after the submissive has made it clear that she cannot take it, and particularly if she also makes it a new hard limit.  At that point, and particularly if it continues, then it’s just abusive.

If it really is a compatibility issue, and it’s something that the dominant cannot live without, he should end the relationship if a mutually acceptable solution cannot be worked out.  If he continues in the relationship, though, he has an absolute obligation to respect those limits.

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Alternative Sexual Practices – Kent State article response

first posted 9/17/06 @ 5:34 PM EST; updated 12/17/09

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In response to the 9/14/06 article in the Kent State “Stater Online” entitled “Alternative sexual practices abound among college students“, I would like to offer these remarks.

While it is true that sadism and masochism are still listed in the DSM-IV, and that there *are* some people who enjoy these practices when they are nonconsensual, when you start to speak of *most* practicing sadomasochists, consensuality is a *very* important part of what we do.

As a community, the kink community decries people who inflict pain on others without their consent as much as any other normal people do. Those nonconsensual practices are *not* part of what we do. Such people are *not* welcome in our midst any more than they are welcome anywhere else.

I also concur with Susan Wright‘s comment that the DSM-IV is quite clear that as long as these practices do not interfere with a person’s daily functioning, they are not considered mental illnesses – although that clearly only applies to people who are practicing these things consensually in the first place, not to the rapists and torturers of the world. Ms. Wright it quite correct, but I don’t think that her comment fully addresses the actual issue raised by Laurie Wagner’s comments, and how they are reported in the article, and that is the distinction between consensual and nonconsensual behavior.

It is exceedingly unfortunate when people in positions of authority and in a position to educate young minds such as Ms. Wagner don’t even have their information straight, because it is uninformed attitudes such as this that perpetuate this myth that what we do is somehow evil and dangerous.

The distinction between S&M and dominance and submission is also *not* as Ms. Wagner has stated it, and I concur with Ms. Wright’s assertion that she clearly has no idea what she is talking about, either on the psychological diagnosis side, or especially on the side of referring to the most common practices that typically carry these terms. Continue reading