ban-one said:
"Something needs to be done." The starting line of many bad things that have happened in this world, and usually said by those who have no idea what that "something" should be only that it should be done.
As I wrote in the other thread, "Porn should exist. I certainly don't want to see something that I enjoy go away or be censored, although I do want to see major improvements.
I'm not sure what the best means are to that end, though."
Well, clearly you're in favor of making it a criminal issue.
No, I'm in favor of justice. People in porn industries worldwide have gone too far, particularly with anal-insertive activities (for example, one person playing with another's rectal prolapse; "painal;" anal sex commonly featuring very rapid thrusting, a prolonged duration, and a wide-girth penis; anal stretching; double anal; the list goes on...). There should be consequences when trauma from such acts either may or does have serious/major health repercussions for the receptive person.
Here are some relevant quotes from legal sources. As I wrote previously, I'll refrain from playing armchair lawyer, so take them or leave them;
I will not argue about them. Laws, of course, vary based on locale. (Archive links not provided; the text may change in the future.)
"Some crimes for which consent may be a defense include those that result in bodily harm, including assault and battery. In very limited circumstances, victims can be held to consent to these crimes. One common example is in physical contact sports. Participants in a sports game are deemed to have consented to the physical contact and possible bodily harm that is an essential element of their sport.
In order to establish consent in these circumstances, three requirements must be present. First,
an individual cannot consent to circumstances that involve the possibility of serious bodily injury. Second, the harm must be a reasonably foreseeable aspect of the conduct and a risk that would reasonably be accepted. Third, the individual must receive some sort of benefit from the conduct such that the consent was justified.
Since these requirements are highly specific, they apply only in very limited circumstances, and typically some sort of athletic event. For instance, boxers or rugby players can be held to consent to battery that results from their participation. "
https://www.justia.com/criminal/defenses/consent/
"One of extraordinary qualities of the gay community is its acceptance and celebration of sexual expression within the many subgroups that make up the community as a whole. This includes the leather, BDSM and other fetish groups whose activities are often misunderstood and looked down upon by society at large. However, certain practices that are seen as commonplace within the gay community, including bondage, sadomasochism, domination and other types of fetish play, can land the participants in serious legal trouble.
You read that right. Certain BDSM sexual practices can be and sometimes are prosecuted under state criminal laws dealing with assault, aggravated assault, sexual assault or sexual abuse. This is true even when there is clear consent. Criminal prosecution can arise in various circumstances, including situations in which one participant is injured requiring medical treatment and the injury is brought to the attention of the police by hospital staff, doctors or a family member. In other cases, the BDSM encounter is more extreme than one participant expected, and the injured person contacts the police. Sometimes a person may feel guilt or shame for their participation in the experience after the fact. Or the relationship may have soured and they want to get revenge against the other person."
http://pridelegal.com/assault-consent-bdsm-law/
There
may be other applicable legal concepts in criminal law as well, such as
criminal negligence, recklessness, and intent to cause harm (aka malice). Whether those particular ones apply to consensual sexual activities anywhere is something I have as yet been unable to determine.
