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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.

23 May 10, 12:36 AM
491-315-154
US(CA), 2 yrs
My Master and I just went through a nasty court battle just for burns left on my back, which I had consented, too. He spent seven months in jail and still to this day has to go through domestic abuse classes for a year, and three years of probation.

Good thing I contacted the NCSF to get help or He probably would still be there.

23 May 10, 8:38 PM
mutable
2 yrs
491-315-154 wrote:
My Master and I just went through a nasty court battle just for burns left on my back, which I had consented, too. He spent seven months in jail and still to this day has to go through domestic abuse classes for a year, and three years of probation.

Good thing I contacted the NCSF to get help or He probably would still be there.

I don't understand how your Master could be prosecuted for this if you did not press charges. Am I being naive?

Caveat : Non offensive and always learning.
'We don't see things as they are, we see them as we are' Anais Nin

24 May 10, 12:58 AM
333-528-841
CA, 3 yrs

mutable wrote:
I don't understand how your Master could be prosecuted for this if you did not press charges. Am I being naive?

I am wondering if these burns required medical attention. If so, the medical personnel involved in treating them could have informed the authorities, hence the charges.

They probably would have had to have been pretty bad if this was the scenario. Goes to show it may be a good idea to really know what you're doing before playing with fire, so to speak....

Getting back to the original topic, it is true what others say about a death happening as the OP wrote about, in Canada. The minimum charge would be manslaughter although, depending on the circumstances, province and prosecuter, they could put manslaughter or 2nd degree in front of a jury with no intent.

333-528-841
Do not spoil what you have by desiring what you have not, Remember that what you now have, was once among the things you only hoped for. ~Epicurus~ (greek philosopher, BC 341-270)

Edited 24 May 10, 1:02 AM by 333-528-841

24 May 10, 2:16 AM
pet_ka_MJ
CA, 2 yrs

mutable wrote:
I don't understand how your Master could be prosecuted for this if you did not press charges. Am I being naive?

Individuals do not press charges. The police investigate and recommend charges. The prosecutor, or charge approval crown (in Canada) determines the charges. The charge in Canada is then filed with the court as an information, and it is read formally into the court record at first appearance. This might be a bit different in UK and USA.

Edited to add: if slave ends up in hospital as a result of injuries, most hospitals have a domestic violence policy that requires they call and report suspected cases of domestic violence to the police.

So, if the victim is uncooperative, charges can still be brought forward and the victim is treated as a hostile witness.

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

Edited 24 May 10, 3:02 AM by pet_ka_MJ

24 May 10, 4:15 PM
649-385-954
US(MD), 2 yrs
Y!*
Assisted suicide has more of the meaning that you wanted to die, in the original post, that isn't what was stated. Whether your Mistress "should" not be held responsible depends if the conditions are met for the varying definitions set in state law regarding homicide/murder/manslaughter, etc.... It's good to look up your local statutes (laws). Law enforcement/district attorney's office will look at intent to help establish whether it was premeditated, an accident, preventable, etc.

While it is a nice gesture that you wrote that letter, there may not be a lot you can do really. It also should have been notarized to verify your signature. But a notary will NOT verify the content of the document nor the truthfulness contained therein.

24 May 10, 5:02 PM
333-528-841
CA, 3 yrs

I think the precedent has pretty much been set in Canada on these types of death, as shown by the examples by pet ka MJ. As the OP is in Canada, he may want to look up the example from his province that was mentioned. Some things are different province to province although manslaughter etc are charged under the Canadian Crimianl code federally.

333-528-841
Do not spoil what you have by desiring what you have not, Remember that what you now have, was once among the things you only hoped for. ~Epicurus~ (greek philosopher, BC 341-270)

Edited 24 May 10, 5:03 PM by 333-528-841

24 May 10, 5:18 PM
Very_Nasty_Dom
3 yrs
While Canadian law will control your situation, in almost EVERY jurisdiction in the world there is a legal doctrine known as strict liability. Some actions are just so inherently unsafe, if one of the participants is injured or, heaven forbid dies, the party inflicting the injury will be held liable. Period.

As some others have noted, the legal result would most likely be a finding of manslaughter rather than premeditated murder, but even manslaughter will get you an all expense paid room at the jailbar motel.

Many people in the lifestyle readily consent when being whipped to a fare-the-well, but sadly the law does not share our kinks (although Justia does seem to be into blindfolds).

 

 
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