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Feminism: Sex and gender discussions

Kink and sworn affadavits

53 replies

FermatsTheorem · 10/08/2018 19:00

This is prompted by the Laura Huteson thread.

For those who haven't read it, Laura was killed by Jason Gaskell. He severed her carotid and jugular (using a knife he kept under his pillow for use, so he says, in "sex games"), then claimed it was a sex game gone wrong. He pleaded guilty to manslaughter and has got six years. This is only one such case recently - in another recent case, a woman was strangled by a man she'd met in the bar that night who claimed to have been engaging in consensual "breath play" gone wrong. (With a man she'd only just met. As my Scottish mother would have said, "Aye, that'll be right...")

Anyway, I've started a separate thread because I have a suggestion of a practical nature, for some activism. It struck me that if I were a younger woman and still dating, I'd be tempted to make out a sworn affadavit, saying that my tastes in sex were very vanilla, and if my dead body were to be found, having been strangled, anally penetrated and/or cut with a knife, and the defendant claimed that it was a sex game gone wrong, then the bastard would be lying because there was no way I would consent to that. Any lawyers out there know if such a document would carry any weight?

Do you think there would be any mileage in trying to persuade young women to make such a statement as a political act? As a way of saying "Men are getting away with murder here. No more. We want them to know that in the event of our death, we will still be able to speak, and let the legal system know 'I did not consent'."

OP posts:
placemats · 10/08/2018 19:27

It's not just young women though. It's all women who find themselves on the dating scene once again.

No way would I bring a man back to my house for sex if my children were in the house.

My ex was emotionally and sexually abusive but of course he has now a new partner and new children. Fair dues to them all. I know what went on when we were together.

Not all men of course. But I don't know who is naughty and who is nice.

BertieBotts · 10/08/2018 19:19

I don't know if that would realistically work or be a solution, because the thing is even if you did consent to something "kinky" at one time it doesn't mean that the time you do it with a murdering bastard wasn't still murder. Or that consenting to, IDK, hot wax play or light blindfolding means that you also consented to being strangled.

It's kind of almost (in my view) like writing a statement saying "I don't like sex and I will never have sex, therefore, if somebody has sex with me, it was rape" - although it's not really because in that scenario you'd be around to explain whether you'd consented or not.

I think the law should automatically treat any kind of assault, particularly anything life-threatening as being non consensual regardless of what agreements parties actually have in place. There should be no "It was a sex game, your honour" defence because in reality it ought to be illegal to consent to - in fact, I thought that it was. If it's not being treated as such then this is the problem. And I don't think that making a statement not to engage in so-called "kinky" sex is key.

iamawoman · 10/08/2018 19:06

That is shocking...six years...so not only has he got away with murder, He has managed to victim blame her in the process as well as sullying her reputation which is bound to add to her families grief.