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	TSR : Web boards : M/s D/s O&P : "IN CASE OF DEATH......." 1 2 3 IN CASE OF DEATH....... (27) This post is on the M/s D/s O&P web board. Mon 8 Feb 10, 7:23 PM Spike1977 CA, 2 yrs This is something that i've talked with Mistress about on many occasions,and since i've always tried to prepare for the worst in any situation.So when i got collared by Mistress,one of the first things i wanted to do for Her, own protection was to write a note she could use in a court of law should the unthinkable happen.Say for example we were scening and doing some suffocation play that went to far and i suffocated to death.She would have a hard time explaining to the authorities that i was a willing participant and i was not either kidnapped,or forced to do whatever play we were doing at the time of my death.so i have written her a note explaining our lifestyle and the "risks" that go along with it and that i accept these "risks",therefore my Mistress should not be held responsible for my death in any b.d.s.m related accident,as long as she is carefull and dosent neglect me while i am incompassitated(as these accidents happen more than people think)So my question for all is this,has anyone ever thought of the risks that go along with the lifestyle we all enjoy and written up a similar letter towards their own M/s relationship?and if so what sort of content did u both include that would insure that legality of such a letter? so thanks to all Masters/Mistresses/slaves who might have any further ideas that we may follow in order to insure the protection of my Mistress in case of the unthinkable. respect to all spike1977 or 918 848 470 8 Feb 10, 8:32 PM 834-243-250 2 yrs I'm not sure any kind of letter will protect your Mistress or release her from liability in the case of an accident. Even if you say she shouldn't be held responsible, the authorities will still consider her responsible. Then again, I may be wrong. As a reference, I would look up legislation on assisted suicide. I believe the language would have to be pretty similar as to that releasing the doctors from liability when assisting a patient in their death. It would also most likely need to be notarized so they wouldn't think she had someone write it after the fact. It should probably be filed as part of a will. Good luck and be safe! - Slave In Training 8 Feb 10, 8:38 PM 562-470-768 2 yrs this girl thinks that should it be an accidental death, after thorough investigation that would become clear. neglect and such will also be investigated, and all aspects of the death would be very thoroughly investigated. this girl is more thinking that in an event such as this, there may be more upheaval amongst friends and family who may not understand 'how this was an accident'. these persons may persue a leagal case against an Owner. this is a very difficult thing to try and navigate and this girl asks if you do find an appropriate solution to this, she'd like to know of it please! one may also want to look into establishments that offers 'play rooms' or 'scenes' under teh hand of a professional Master/Mistress and how they distance themselves from such things. We are all vanilla to some degree - for society will keep a foothold in our lives. We are all Dom/mes or slave/sub on some level, as there is ALWAYS someone weaker or stronger than you... 8 Feb 10, 8:48 PM Spike1977 CA, 2 yrs 562-470-768 wrote: this girl thinks that should it be an accidental death, after thorough investigation that would become clear. neglect and such will also be investigated, and all aspects of the death would be very thoroughly investigated. this girl is more thinking that in an event such as this, there may be more upheaval amongst friends and family who may not understand 'how this was an accident'. these persons may persue a leagal case against an Owner. this is a very difficult thing to try and navigate and this girl asks if you do find an appropriate solution to this, she'd like to know of it please! one may also want to look into establishments that offers 'play rooms' or 'scenes' under teh hand of a professional Master/Mistress and how they distance themselves from such things. thank you for your thoughts,and yes im sure after a therough investigation she would be absolved of any wrong doing,but i still want to find the best legal way of documenting something that will help her at least in assisting the authorities indeclaring her innocent of any wrong doing,and yes if i find an answer i will gladely pass it on to you and my fellow slaves for the protection of all our Masters/Mistresses,thanks again for your response. 918 848 470 8 Feb 10, 8:58 PM Spike1977 CA, 2 yrs 834-243-250 wrote: I'm not sure any kind of letter will protect your Mistress or release her from liability in the case of an accident. Even if you say she shouldn't be held responsible, the authorities will still consider her responsible. Then again, I may be wrong. As a reference, I would look up legislation on assisted suicide. I believe the language would have to be pretty similar as to that releasing the doctors from liability when assisting a patient in their death. It would also most likely need to be notarized so they wouldn't think she had someone write it after the fact. It should probably be filed as part of a will. Good luck and be safe! thanks for the suggestion,i will definately look into that.but with all due respect,assisted suicide is illegal with or without written letter from the patient,where as scening is not illegal,and death would be accidental as opposed to suicide so its different in that regard,but having it notarised or signed by a witness or even a lawyer is an excellent idea.thanks for your responce and good luck in your training 8 Feb 10, 9:41 PM SirSeven 2 yrs I'm not an attorney but here's my .02-cents: Having a carefully worded, signed, and notarized document couldn't hurt but it wouldn't be 100% effective in shielding your owner from the legal ramifications of accidental death caused while engaging in BDSM activities. Charges can still be brought by the government regardless of any steps you take to limit her liability. The victim's family can also file suit against your owner in a civil court action. Another thought would be to videotape yourself making a statement acknowledging the risks and accepting full responsibility for any injury or death that may result. Have witnesses attest that you were of sound mind, not coerced, and all that good stuff. Oh, and get an attorney to review your ideas for legal validity. Be aware that even if the court finds your owner innocent, she would still most likely have to pay substantial monies to attorneys defending herself throughout the process. Obviously, the best thing is to prevent such an occurrence in the first place. As the old saying goes, an ounce of prevention is worth a pound of cure. Be safe and don't engage in any risky activities without proper training and education. There are seminars and workshops available on a wide range of topics, including breath-play. These workshops teach you proper technique, safety, injury prevention, dealing with emergencies, and so on. Regards, Sir Seven 8 Feb 10, 10:49 PM Spike1977 CA, 2 yrs SirSeven wrote: I'm not an attorney but here's my .02-cents: Having a carefully worded, signed, and notarized document couldn't hurt but it wouldn't be 100% effective in shielding your owner from the legal ramifications of accidental death caused while engaging in BDSM activities. Charges can still be brought by the government regardless of any steps you take to limit her liability. The victim's family can also file suit against your owner in a civil court action. Another thought would be to videotape yourself making a statement acknowledging the risks and accepting full responsibility for any injury or death that may result. Have witnesses attest that you were of sound mind, not coerced, and all that good stuff. Oh, and get an attorney to review your ideas for legal validity. Be aware that even if the court finds your owner innocent, she would still most likely have to pay substantial monies to attorneys defending herself throughout the process. Obviously, the best thing is to prevent such an occurrence in the first place. As the old saying goes, an ounce of prevention is worth a pound of cure. Be safe and don't engage in any risky activities without proper training and education. There are seminars and workshops available on a wide range of topics, including breath-play. These workshops teach you proper technique, safety, injury prevention, dealing with emergencies, and so on. Regards, Sir Seven thanks for your response,i never thought of the "video taped statement" idea,this is something i will definately discuss this with my Mistress,thank you again for your thoughts, bows respectfully-918 848 470 8 Feb 10, 11:15 PM KingCrazyEyes US(TX), 2 yrs Y! Lawyers. Get them to write a contract. Chances are they might actually be able to write something that will be able to keep her out of prison. I am King Crazy of Eyes. Ruler of the world. Edited 8 Feb 10, 11:18 PM by KingCrazyEyes 8 Feb 10, 11:50 PM finally_aware CA, 2 yrs Search is down right now, but i seem to recall a thread regarding a woman (i believe in Australia) charged with the death of her bondage partner while he was tied to an outdoor veranda post. 9 Feb 10, 5:29 AM pet_ka_MJ CA, 2 yrs Everything is fine and dandy till someone gets hurt. As you are a fellow Canadian, I will reference Canadian case law. Consent means nothing in a Canadian criminal court - whether it has been provided verbally, was written, and/or witnessed or otherwise. If you should die as a result of injuries sustained during a session, your Mistress will be charged with manslaughter at the bare minimum. She will also very likely be convicted. I refer you to (I won't paraphrase it as you can read it for yourself): R v. Hancock/Grouhel, British Columbia Supreme Court www.canlii.org/en/bc/bcsc/doc/2000/2000bcsc1581/... It is a rather extreme case, but you can visit www.canlii.org and search the case files yourself. When you get to the search dialogue box type in sado-masochistic. There are a number of case references there. Another case you might be interested in reading is R v. Welch, Ontario Court of Appeal, this case covers the consent issue in more detail. Good luck. With courage you will dare to take risks, have the strength to be compassionate, and the wisdom to be humble. Courage is the foundation of integrity. - Keshavan Nair 9 Feb 10, 10:04 AM 154-063-668 US(CO), 2 yrs I don't know, but in writing out that you and she know the risks could cause more problems. The vanilla lynch mob mentality… she would in essence be saying to the courts, I knew I there was a chance he could die by my hand, but we're kinky and did it anyway. Chances are a court is going to want to charge a dominant with something if the submissive dies, if they couldn't make it out to be murder, then maybe manslaughter or negligent homicide. And think of OJ Simpson, he wasn't convicted of his ex wife's murder, but a jury still found him at fault in the civil trial and awarded the Goldman family damages for their son's death. Next page