Domination & submission _ the BDSM relationship handbook ( PDFDrive )

seriously scary. What it means is if the authorities don’t like what you’re doing,
and even if there aren’t any specific laws against it, they can always charge you
with sodomy. Consent is not an acceptable defense.
In fact, the entire notion of lawful consent is riddled with so many traps, pitfalls
and legal loopholes, the mere thought of attempting to build a trial defense based
upon it should be enough to strike fear into the heart of any competent trial
attorney. We like to think that whatever happens between two consenting adults
should be no one’s business but their own, but that’s not necessarily how the law
sees things.
Let’s take, for example, the crime generally known to most people as battery.
The basic definition of battery is: the unlawful application of force upon the
person of another which results in bodily injury or offensive touching. The first
thing we should take note of here is the glaring lack of any mention of the word
“consent.” In most states, the law is pretty clear on this. Battery is battery,
regardless of whether or not the alleged victim consented to or enjoyed the
activity.
Obviously, if the victim is the only available witness to the alleged battery, and
isn’t inclined to cooperate with the prosecutor’s case, then there really isn’t
much of a case for the prosecutor to work with. But there have been plenty of
cases prosecuted in the courts where an alleged victim has declined to cooperate
with the state, yet the case was prosecuted based solely on the testimony of
police officers, other witnesses, or medical personnel. Many people erroneously
believe that if an alleged victim “refuses to press charges” against his or her
“attacker,” then that person cannot be charged with battery. It’s a myth.
While the notion of legal consent may be considered irrelevant to the crime of
battery, it can be a critical factor to prove other crimes, and in some types of
cases, it is essentially the only relevant factor. Without consent, sex becomes
rape, heavy petting becomes sexual battery, bondage becomes unlawful
imprisonment or kidnapping, impact-play becomes aggravated battery or assault
with a deadly weapon, and even pillow talk turns into sexual harassment.
You may be thinking, “Not a problem. I always get my partner’s consent before
engaging in any sexual or BDSM activity.” If that is so, then that is a truly
commendable strategy indeed. There’s just one little problem with it. Could
you prove it in a court of law? Could you do it ten years, or even twenty years