Invitation to Participate in a “Needs Assessment Survey on Intimate Partner Abuse Among Practitioners of BDSM/Leather/Kink Lifestyles”

All interested individuals who are involved in BDSM/Leather/Kink lifestyles are invited to participate in a survey about intimate partner abuse. The purpose of this survey is to gather information regarding the quality of experiences had by those who sought help from domestic violence service providers, or those who wanted to seek help, but did not do so. The overall goal is to help service providers and outreach educators improve the quality of information, responses and interventions regarding the unique needs and experiences of individuals who live a BDSM, Leather or kinky lifestyle.

You are invited to take the survey whether or not you have been involved in an abusive relationship because the survey will collect basic demographic information about those who engage in BDSM, Leather and/or kink, as well.

The survey link is available here: https://www.psychdata.com/s.asp?SID=155554

The survey will take approximately 25-35 minutes to complete.

Please respond no later than January 31, 2014.

Your participation is voluntary. All responses are anonymous. However, there is potential risk of loss of confidentiality in all email, downloading and internet transactions. The final results of this study will be used for research and may also be published in a summary format in a peer-reviewed journal.

If you have any questions about the survey, please contact Elizabeth Fawcett, Ph.D., M.P.H., at efawcett@mail.twu.edu. This study has been reviewed according to accepted Institutional Review Board (IRB) procedures for research involving human subjects, and approved. If you have questions about the rights of research participants or the way this study is being conducted, you may contact Texas Woman’s University Office of Research and Sponsored Programs at 940-898-3378 or via email at IRB@twu.edu.

Rape Accusations – Real or False?

In the past year or so, we’ve seen an explosion of discussions on both Fetlife and in the blogosphere about the problem of rape and abuse in the BDSM community, many of which I’ve commented on and linked to in other posts both here on this blog and elsewhere.  There is unfortunately a widespread belief that the majority of these accusations are false, and often motivated by a desire for revenge on the part of a jilted lover.

Well, let me tell you right now that not only is this patently untrue, but according to a recent article in The Guardian, even the widespread belief that most such accusations are bogus is actually undermining the investigation of them all.

It doesn’t take a rocket scientist to realize that it follows from this that far fewer real rapists and abusers will be brought to justice when even the police mistakenly believe that most reports are false and don’t even bother to investigate them all diligently as a result.

Think about this for a moment.  Even the most heinous cases of rape or assault may suffer from a preexisting prejudice against even the claim that it happened, and official tendency to blow off all such claims as false.  Real victims of real crimes have a hard enough time obtaining justice without the entire system being prejudiced against them from the start like this.

This goes well beyond the old blame-the-victim mentality that has unfortunately already been around for eons to actually saying that people are lying about even being a victim to start with.  Allegedly as a matter of course.

I grow very tired of hearing the cries of “they are lying cause I dumped them” excuse…

So said a friend of mine in a discussion about the question of false accusations in a group called Critical Curmudgeons of Kink, an outpost of sanity in a crazy BDSM world, where such sacred community cows are routinely slaughtered, and where fools are not suffered gladly.

I get really tired of this too, my friend.  And even more tired of having been accused of the same myself.

I am tired of knowing that my ex is likely telling any new women he might decide to take up with that if they encounter me talking about what he did to me that I’m lying, and then regaling them with the same range of stories about how awful I am that he fed me about his then-wife when we first met, the one I later found out he’d lied to me then about being separated from.  Stories that I know will prevent them from even contacting me for a reference, or believing what I have to say, even though it’s information they really ought to have in order to keep themselves safe, because leopards don’t change their spots…

So, I’m particularly glad that there is information surfacing showing how low the rate of false accusations really is – and the distorted way of compiling the data.

It can’t come too soon, in my opinion.  The “blame the victim” culture in this country (and especially in kink circles) has simply got to stop.

My friend continues:

I will also point out that often charges being dropped are counted as false accusations when the reality is there was not enough evidence to take to trial not that it was actually a false accusation.

The Guardian article bears this out as well.

Which is part of why I am so vehemently opposed to the whole disgraceful “conviction or it didn’t happen” attitude we see so much of in our circles.

Most of these cases, even the most legitimate ones, never even get to trial, but not because it didn’t happen.

What’s more (and even more outrageous), when these cases that get dropped get counted as false accusations when they are in fact anything but, even the data that does exist about false accusations is distorted, showing a higher rate than is justified in reality.

Anyone with a brain intuitively rejects the idiotic notion that most (or even a lot of) accusations are false, especially since we all know perfectly well how badly the system itself routinely batters victims attempting to get justice.

As my friend (who has publicly mentioned personal experience with the matter) continues:

However it is still a huge gap between false accusations and convicted rapes, and I can tell you that a decent prosecutor will inform the victim of the you did it to yourself shit they will have to go through and many opt out at that point to save their sanity.

Very true.  We are all perfectly well aware of how this “blame the victim” business works, and how it is the victim herself who essentially ends up on trial in such cases when they do get to that point.

To which I’d only add that this is so if it even gets anywhere near a prosecutor to start with.  Which it often doesn’t.

By the time I finally reported the multiple rapes and nonconsensual battery (and resulting injuries) to which I had been subjected myself by a former dominant, for example, still well within the statute of limitations, the cop didn’t even want to take the report, and refused to even investigate it, telling me to my face that he thought it was a case of sour grapes by that point, or would at least be seen that way.  No way did he even go near the DA with the case.

And frankly, I was too afraid of the dominant in question to even try to insist he do so, among other things.

If anyone else gets hurt by this now-prominently placed jagoff, however, I will go to my grave regretting that I never reported it sooner.  Regretting that I suffered for months (and now years) in silence (from a legal point of view) and in physical agony without even going to the doctor or emergency room when I knew I should have to address some of the injuries, because you always think it will be better by morning…

Which was the main reason I finally stepped forward when I did – to at least *try* to protect anyone else from being victimized by him, since nothing in the world can ever repair the damage he did to me, both physical and emotional.  To at least try to ensure there’s a trail, for the next person…

I have spent tens of thousands of dollars since then coping with the injuries and fallout from them, however.  One of them has played a large role in costing me my ability to even function physically on a daily basis.  As such, it’s a never-ending daily reminder of what he did to me – which also always circles back around to the rapes and other violations of limits.

Interestingly, his last (or maybe it’s now the next-to-last?) submissive has actually moved halfway across the country now, following on the heels of comments that she suffered a “breakdown” after her relationship with him.  I can’t help but wonder what he might have put her through…  You really have to wonder about a dominant who’s collared more women than the years he’s been involved with them all collectively.

And my friend goes on:

While I do think there is a certain type of person with issues who does this in BDSM/Kink I think it is more about repeat offenses with the same people type ATTRACTED to BDSM/Kink that that it happens overall more in all society.

Indeed.

I’ve written a lot here in this blog and elsewhere about why I believe that BDSM is often used as a haven and shield to hide behind for many rapists and abusers.

No doubt there are some who are likewise into false accusations, but there is no reason to believe they constitute even a large percentage of such accusations anywhere, even in our circles, never mind “most”.

Bottom line, we are back to the point I always make – please BELIEVE people when they accuse others of rape or assault or abuse.  Do NOT blame the victim, do NOT try to minimize their experience.

You weren’t there, you weren’t in their shoes or their skin, and no matter what the perpetrator tells you to try to put his accuser in a bad light, you were not the one experiencing what he actually did to her, so you have no damn business judging.  (Fill in gender pronouns of your choice if others apply.)

Above all, please do NOT elevate those who are accused to positions of power and visibility where they can continue to harm others with the apparent blessings of the entire community.

Just because someone is an apparent leader in the community, or puts himself out there as an experienced mentor or assigner of mentors to mentees, or is well-liked, or a popular presenter, does not mean he’s necessarily a safe bet for anything at all. Check references carefully, insisting on talking to his earliest partners, and the ones with whom he is not on good terms, not just his current fan club.  Dig deep, don’t rely on surface appearances, no matter how nice he may seem, no matter how attractive or sexy or persuasive, no matter what fun toys he may have.  Talk to others to find out what they know about him and his current and former partners – and even who they disdain with respect to him, and then go talk to those people as well.  Don’t fall for that seductive domly come-on until you’ve really done your homework to establish that you are most likely actually in safe hands.

Just because someone who is accused of rape or other types of abuse may still do nice things upon occasion for his victim, either privately or publicly, whether within the ongoing relationship or long after the breakup, also doesn’t change the fact of the harm he did inflict upon her and the repercussions it has and might continue to have.  Some stains simply cannot be removed.

It is not the responsibility of the BDSM community or individuals within it to investigate allegations of rape, assault, abuse, etc. or to pass judgment about them much less establish penalties.

It is, however, the responsibility of every single one of us as human beings to extend compassion to the victims, and to honor them with at least believing them and helping them. To let them know that they are not alone, that they will not be blamed for coming forward, no matter how little others may believe what they say, or how hard their abusers may work to discredit them.

If you listen to tales of woe and claims of being falsely accused from someone who has been accused of rape or assault without also having an in-depth and open-minded and unblaming discussion about the matter with the victim, then you are judging with often much less than half the story, and with absolutely zero perspective about how that person was actually harmed.

(I myself have suffered at the hands of one who blamed another ex for all his woes, and made the mistake of believing it all at face value, only to ultimately find out exactly how he set everything up so that it might look, to him (and of course to anyone else he might describe the situation to), like it was actually she who was to blame, with nary a hint of insight into his own behavior or contribution to the problem.  I’ve often wished since then that I could talk to her, but believe she would not be receptive.  Let me state quite clearly here that I *am* receptive to talking to anyone else he might be involved with, or become involved with, present, future, or past, who would like to better understand what may have hit them, or just to commiserate, and I am likewise more than happy to share objective, specific, factually detailed, and documentable information about exactly what he did to me.  But I digress…)

The alternative to ensuring that we both believe and extend compassion to victims is what we’ve got now, a society in which the guilty know quite well that not only will they get away with their crimes, but that they will even be pitied themselves as the alleged victims of disgruntled exes with an axe to grind, or even be cast in the light of poor innocents like the two boys in Steubenville recently convicted of raping a classmate despite an actual conviction.

When we blame victims for their own assaults, and/or heap pity on their attackers, we lose a lot of our humanity both as individuals and as a community and a nation.

To all of you who have done this to me or to anyone else, while I don’t actually wish harm on any of you, I do hope that one day you will live to experience the pain of being blamed yourself for something that was done TO you by someone else, and watching your attacker go free and even be applauded and treated as a victim himself because you spoke out against him, left in peace to harm someone else who makes the mistake of trusting him inappropriately.  Or worse still, watch him be elevated into a position of trust where the chances of someone else being badly harmed are increased beyond the norm.

God forbid it should be your own daughter or niece who should suffer such indignities.  And God forbid they should be afraid to come to you for help for fear that you will blame them as well.

But if you are walking around talking about the compassion you feel for perpetrators, or how the victim had it coming to her for how she dressed or whatever, or accusing others of making false accusations just to get back at someone who dumped them when they speak up about mistreatment suffered at someone else’s hands, then this is exactly the message you will be sending, not just to your friends and acquaintances, but to your own loved ones, who very well may one day need your support to cope with the rape or assault that all women are statistically very likely to suffer at some point in time themselves.

If you’re not ready to pay that price in your own life, then for God’s sake, why would you engage in and encourage such behavior on the part of others otherwise?

=======================

© 2013 kinkylittlegirl.  All rights reserved.  No part of this post or any other on this site may be reproduced by any means whatsoever, whether written or electronic, manual or automated, either in part or in whole, without express written permission of the author.

 

Can You Face Her In the Morning (How to Assault People Less)

This is a terrific post put up on Fetlife by SadisticLark on how to avoid being an abuser and assaulting your partner, reposted with permission.  Please read the original as well, as he is planning some changes and additions, and there are some great comments there that cannot be reproduced here.

=================================================

This is a rambling collection of thoughts based my own mistakes and ideas I’ve pulled out of my ass. It’s written mostly from the perspective of male top / female bottom engaging in casual/public play. Feel free to disagree, substitute your preferred gender pronouns, and/or go back to looking at nude pics. I’ll hopefully be adding to and changing this as time goes on.

I honestly don’t know much about rape culture and my only experience with unwanted touching was having my ass grabbed by a cougar at a bar (which I thought was funny at the time). It seems like many tops are worried about being ‘falsely accused’ or having a bad scene get blown out of proportion and turn into some kind of witch hunt. I’m not going to say that doesn’t happen but I personally think it’s a pretty rare occurrence (for exceptions see the How to Avoid Problem People link below ). It’s a risk you take by playing with people but if both parties are acting in good faith there are a few things you can do to lower the chances of things going south.

1. Choose your play partners carefully.

There are people you probably don’t want to play with. These people can usually be divided into two groups: People with no fucking clue about what’s going on and people who need professional help.

The first group is dangerous because their expectations can be anywhere from non-existent to complete fantasy and you can easily end up way outside their Goldilocks zone.

Risk of things going bad with group 1 = moderate

The second group I personally try to avoid. I’m not a psychologist, therapist, or doctor (although I play one in the bedroom). Even if I was any of those things, I’m pretty sure hitting them with a stick or sticking my dick in them wouldn’t be approved methods of treatment. I really recommend How to Avoid Problem People. [klg – Ed. note – also found in its entirety on the author Libida’s blog, where it’s easier to read and print out, but the Fetlife version and its sequel have entirely different lists of fabulous comments.  All of it on both sites is worth reading.]

Risk of things going bad with group 2 = RED FUCKING ALERT!

Pitfall: Your partner has “consented” to an activity they know nothing about.

You’re up big guy! This probably isn’t going to be terribly “Risk Aware” (RACK) and it’s debatable if they can “Consent” (RACK & SSC) to something they know nothing about. They are effectively washing their hands of any personal responsibility and leaving everything up to you. If this thing goes south you are probably going to be wearing this one around your neck.

Pro Tip: If you want to play with the hot newbie then tailor your scene to the person you are playing with.

A light laboratory/education style scene with lots of communication may help them get familiar with the reality of this type of play. Once they know what they are getting into you can talk about a heavier scene. If they still don’t seem to ‘get it’ then you may be dealing with someone who belongs in the group number 2.

2. Negotiate what you want to do before, not during the scene.

If you enjoy a good rape-and-pillage just ask during negotiations. If you want sexual touching ask. While you are at it you might want to ask what exactly “sexual touching” means to them.

Example: If I’m round house kicking you in the ass and I accidentally stick my foot in your box is that sexual?

Pro Tip: Rape play works best with people who both agree to have sex with you and enjoy consensual non-consent.

If you are missing one or both of these elements your partner will probably get the strange idea you are actually raping them.

Pitfall: Re-negotiating while your partner is at your mercy (or “physically incapacitated”).

Top: – “Wow she is looking awfully cute all tied up like that. I think I’ll ask if I can stick my penis in her.”
Bottom: – “My god I’m helpless! I had better do what he wants and maybe he will let me live!”

Pitfall: Re-negotiating while your partner is in subspace.

Surprisingly, they may agree to things in the heat of the moment that they wouldn’t normally. This has been known to leave them feeling like they were taken advantage of in a vulnerable state.

Pitfall: Turning into a legal bagel (Yes I know it’s beagle) mid-scene.

People often make the crazy assumption that you are negotiating in good faith. Avoid “omitting” things or your partner might start thinking you are a piece of shit.

Examples:

  • “You didn’t negotiate me not sticking my penis in your nose!”
  • “When you agreed to needle play you didn’t say the needles had to be clean!”

Good luck playing with this person or any of their friends ever again.

3. Don’t assume.

Remember that old saying ‘Assuming makes an ass of u and me’ well it can also end up making an ‘assault of you by me’. We all enter a scene with expectations of what’s going to take place. It’s important to talk about what’s going to happen so we don’t end up with what I like to call ‘a serious fucking mismatch of expectations’.

Pro Tip: The less you have played with someone the more detail you should provide about how you think the scene is going to progress.

Anticipation is the best marinade.

Pitfall: “Everyone knows who I am and that I’m the edgiest of edge players.”

No they don’t. If I had a dollar for every time someone said “Wow, you’re really mean” I’d have enough for a happy meal. Assuming that someone magically knows your play style and what type of scene you have in mind is setting one or both of you up for some disappointment.

Pitfall: “Negotiations are Borings-ville and I’d rather be exciting and spontaneous.”

Top: I think I’ll surprise her and brand ‘SL’s Cum Dumpster’ on her chest.
Bottom: OH MY GOD WHAT IS ON MY CHEST!

It’s a common misconception that girls like surprises. In fact rigorous scientific study has show that that girls only like expected surprises. This tricky sub genre of the surprise can often be achieved by negotiating the hard limits around the ‘surprise’ ahead of time.

Example: “How would you feel about me permanently branding something on you that is both degrading and shows my ownership over you?”

4. Don’t fuck around with colours (safe words).

When you cram a bunch of unrelated people together it helps to have some common language to maintain some semblance of order. Colors (safe words) are one of the ways we communicate ‘consent’. Specifically we can use the absence of colours to indicate that our partner is most likely continuing to consent to the scene.

I say most likely because this system isn’t perfect. Our partner(s) are only human and there may be times where they can’t safe word or even communicate their feelings. If this isn’t scaring you, it should be! Just because your partner can’t indicate that you are well out of their comfort zone doesn’t mean they aren’t going to hold you responsible when they come back to reality. This is a whole other topic that I won’t get into but just be aware that colours are one of those necessary but not sufficient things.

Pitfall: Having a meltdown when your partner gives you a yellow/red.

Nothing says experienced master in full control of themselves like a good old fashioned hissy fit. To really pull this off it helps to blame your partner for whatever is wrong and berate them for not being good enough to play with you.

Example: DON’T YOU KNOW HOW LUCKY YOU ARE TO BE PLAYING WITH ME?! RESPECT MY AUTHORITAH!

Side note: S-types please run-don’t-walk when the above happens and tell everyone and their dogs about it. You could be saving someone from injury or worse.

Pro Tip: When starting a scene reassure your partner that colours are available to be used.

You want them commit to using colours if something is wrong. If they can’t do that then your risk level just increased a few defcon levels.

Example: “I need you to use your colours if something is up and don’t be afraid to give me a yellow. I promise not to throw a dom temper tantrum and I’d rather know so I can fix whatever is wrong instead of finding out later.”

Actively and continually procure consent.

Why? We already negotiated and they consented to this! I’m the the one in control now and they need to stop topping from the bottom and let me work my Dom-ly magic.

Some reasons off the top of my head:

  • Negotiations are not perfect. Without prior experience people are often either guessing what they like or trying to extrapolate from tangentially related experiences.This can lead to an awkward situation where someone is engaged in an activity they thought they would enjoy but learn they hate with a fiery passion.
  • They know what they like but there is some stupid little thing easy to fix thing preventing them from enjoying it tonight. Maybe a cuff is too tight, a creeper is staring at their titties, it’s freezing cold, etc.
  • They have done this a million times before but today it just isn’t fucking working. It could be a bad day, a lack of chemistry (I know hard to believe right?), injuries from prior play, etc. etc.

Now you can wait until they say something or you can check occasionally and see how they are doing. The problem with waiting (as mentioned above) is that some people won’t say anything unless prodded and some people can’t say anything. This can mean the difference between “The scene was fucking horrible and I regret ever playing with him” and “The scene wasn’t working but I’d like to try something again some other time”.

Someone once described these check-ins in terms of risk and time:

The risk of the scene going off the rails increases in direct proportion to the time between checking in with your partner during play.

Examples:

  • Incorporate some evil witty banter into your scene. If the last shock had her calling your mother a crack whore she is probably alright.
  • Arrange for them to squeeze your hand if you squeeze theirs and all is well.
  • Take a break. Are they a thirsty kitty?
  • Agree on some body language that indicates things are going well. If she is wiggling her bum in time with the music things are probably good.

Personally, I find colours can be a bit ‘jarring’ and it seems much easier to feel in control of the scene if I’m the one asking how they are feeling and fixing things on on my schedule instead of waiting for them to colour.

Pro Tip: The less experienced your partner is with the activity the more important it is to actively get their consent as play gets heavier.

If you’re lucky you will get a chance to do a scene with someone who finally wants to try out that scary hard limit activity. Do your warmup but before you dive into the unknown it’s a good idea to get consent one last time before starting.

Pro Tip: The scene just isn’t working for them, you’ve tried fixing some things with no success, and you need to end it.

It’s time to attempt the art of the graceful crash landing. The idea is to change the direction this scene is heading so you both ‘win’. This isn’t as easy as it sounds but often changing the pace, modifying the negotiated activity, and winding it down is a good place to start. Avoid the emotional equivalent of dropping your partner by making this a ‘failure’.

5. Check in a day or so later and actually listen to what they say.

Besides being the polite thing to do it’s also your last chance to work things out semi-privately before things blow up. At this point they’ve had some time to think about things and decide how they feel about the scene.

Bang! They feel uncomfortable/’off’/unhappy about something. The first thing is to realize that you aren’t ‘going to make this better’ by arguing. People feel how they feel and trying to rationalize someone’s feelings generally just pisses them off. Instead, try listening and try working backwards to the ‘mismatch of expectations’ that led to this point.

This isn’t a risk free activity, mistakes and miscommunications happen. If you followed my earlier advice you have hopefully shared the responsibility for the failure with your partner by:

  • Making them aware of what they are getting into.
  • Sharing the responsibility for planning and executing the scene.
  • Repeatedly seeking and obtaining their consent (without duress) as the scene progressed.

Talk about it. Own it. Figure out how not to repeat it.

6. Relax and have fun.

BDSM is serious business. No fun allowed! 😛

TL:DR?

Actively involve your partner in all the phases of the scene so they share the responsibility for how things turn out. Periodically get their consent to continue so you are ‘playing together’ instead of you just ‘doing things’ to them.

I wrote this like a guide but it’s more of an opinion piece. People have different ‘styles’ and I can only talk about what has worked for me so far.

If you have any neat stories (anonymous please) of pitfalls I’d be interested in hearing them.

Have You Experienced Abuse in a BDSM Setting?

Leatherati has a survey on its website whose results unfortunately don’t particularly surprise me.  Asking “Have you experienced nonconsensual abuse during BDSM activities?), as of the moment, the totals are running as follows:

Yes – 57.5%

No – 37.7%

Maybe – 4.7%

This means that as many as 62.2% of the respondents may have indeed experienced abuse in a kink setting.

More than sixty two percent!

That’s almost 2/3 of the respondents.

Even if we leave off those “maybes”, that’s still more than 50% of the respondents having this kind of problem.

I spoke in a prior post about how awareness of the issue of abuse in the BDSM community is growing, and how then-IMsL titleholder Mollena Williams had asked, during one of her presentations, how many people were survivors of sexual abuse. Three quarters of the room stood or raised a hand.  That’s 75% of the people there.  Then she asked how many others knew a survivor – and the entire rest of the room was in.

That’s 100% of our population who has either experienced kink-related abuse – the vast majority at 75% – or at least knows someone who has.

These are obviously not scientifically valid samplings, but the numbers are damning, regardless of how specifically accurate they are.  Until such time as someone comes up with the funds to do a larger scale, properly constructed study, they will have to serve as representative.

The numbers will vary with such informal surveys, but the fact that we are even anywhere remotely near even half of our people being so affected, never mind forming a majority, is absolutely untenable.

 

Pennsylvania Crimes Code / CHAPTER 31 – SEXUAL OFFENSES

Source: http://www.pitt.edu/~weinberg/sexual.htm

Pennsylvania Crimes Code

CHAPTER 31 – SEXUAL OFFENSES

Sec.

3101. Definitions.

3102. Mistake as to Age.

3103. (Repealed.)

3104. Evidence of Victim’s Sexual Conduct.

3105. Prompt Complaint.

3106. Testimony of Complainants.

3107. Resistance Not Required.

3121. Rape.

3122. (Repealed.)

3122.1. Statutory Sexual Assault.

3123. Involuntary Deviate Sexual Intercourse.

3124. (Repealed.)

3124.1. Sexual Assault.

3125. Aggravated Indecent Assault.

3126. Indecent Assault.

3127. Indecent Exposure.

3128. (Repealed.) Continue reading

More on Rape and Abuse in the BDSM Community

More great thoughts from Kitty Stryker, and a whole host of commentary from other community members about the topic of rape, (sexual) assault, victim blaming, and tolerating abuse in the kink community, and what we should do about it.  If you haven’t seen her prior posts, you can find links to them hereSimone Webb of Blogwasred has some other interesting commentary about comparing rape to a car crash, and in a repeat of prior linkages, Mollena Williams has also spoken eloquently on the problem in her blog, and in her duplicate post on Fetlife that so far has garnered 415 comments in addition to the 92 on her blog.  There are many more, and I’ve linked to many of them in prior posts and in the links section of this blog.

Maymay is right: “If speaking up means breaking the rules, let’s fucking break them”.

The system is broken, and is thankfully starting to come apart at the scenes (oops, typo, but I’ll let it stand as the Freudian slip/double entendre it apparently is), er, uh, seams, thanks to fearless bloggers like these who are well enough known in the community to be able to reach a lot of eyeballs.   Awareness is growing; we need to keep the pressure on and continue working to interconnect those of us who are speaking out.

These posts are pretty dense in cross links, and the threads long, but I urge you to read as much of them as possible – and join Fetlife to do so for the ones that are posted there, if you aren’t already a member.  You can do so for free, and anonymously, and need not participate in anything else other than to read if you don’t want to.

It’s not just rape that’s a problem, though.  It’s assault and battery as well – the violations of limits during play of other types.  It’s pushing past hard limits, or even repeatedly exceeding softer ones when the bottom protests.  All of it gets a victim demonized in the community for speaking up.  We need to quit pussy-footing around these issues and start calling them what they are. And what they are are violations of consent – and rape, etc.

If someone hits you without your consent, or does anything else to you that you did not freely agree to, and you object to it, you have been assaulted and battered, if not also raped.  If it’s fully negotiated and mutually agreed to, all well and good – except that consent can still quite legally be withdrawn at any point.  If the top continues on the same path after being told to stop, by any means you choose to use to do so, then he’s well over the line of nonconsent and into assault and/or battery.

Watch this space for definitions of the various terms used in the context of rape, sexual assault, sexual battery, domestic violence, etc.  I’ll be posting the actual statutes as well.

(I am not a lawyer and nothing in these posts should be construed as legal advice, consult your own attorney, yadda, yadda, yadda.)

Rape Definition – Rape, “Duress”, “Menace” (California)

California Penal Code § 261 (2011)
§ 261.  Rape; “Duress”; “Menace”

(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions: Continue reading