Showing posts with label bdsm. Show all posts
Showing posts with label bdsm. Show all posts

Saturday, June 22, 2013

Thoughts = crimes?

Can you be punished for being a sexual sadist without ever having acted upon it? Apparently, yes, at least in Canada. The Star reports the sentencing of an 18 year old who shared his sadistic sexual fantasies with a classmate, then spent the next 77 days in pre-sentence custody and years of probation for it:

This sadist is a handsome, strapping young man, in his neat navy trousers and cardigan, nicely groomed. The observer imagines a teenage girl would be quite chuffed to receive a Facebook overture from so pleasant-seeming a boy. Except this sadist wrote: “I wanna cut ur stomach open and stick my d—k in it.’’

From her end of the online chat, the girl responded blandly: “OK.’’

Sadist: “Break ur legs and (obscenity deleted) on ur face.’’

Girl: “k calm down.’’

That, De Filippis concluded, constituted the bodily harm threat, rejecting the defence’s argument that the Facebook conversation utterances were merely desires, not intended action.

And the girl (eventually) felt threatened, so pretty much that in itself is a crime?  

“I find that the defendant is a sadist,’’ the judge wrote. “The Facebook conversation reflects his need to cause bodily harm as a source of sexual gratification. He described the violent nature of the acts contemplated and sought the complainant’s submission to his desire. He also said he did not care if she consented.

Well, which is it? That he sought her submission or suggested he didn't care if she wanted it or not? And isn't playing at lack of consent one of the key elements of BDSM? Is there any way to criminally sentence this guy without criminalizing a host of other sexual "deviants"?

“I have no doubt these words were meant to be taken seriously and that they intimidated the complainant. Indeed, I am confident he derived pleasure from the threats themselves.’’

This is a crime in Canada? To proposition someone and have them be intimidated by it? What if someone propositioned the girl for "normal" sex, which she declined? Also a crime? Makes you want to be careful about who you reveal your fantasies to, right?

At that point, the boy says, “I don’t wanna hurt u so bye,” as if warning her off. Yet she won’t let him get away. “Stop — I do have feelings for you … but u can’t force me into s—t … . I’m not like that. I don’t want to lose what we have but if u can’t respect me then … maybe we should just stay friends.’’
***
“If I hurt u, but not badly, are u okay with that?’’ he asks. “Like if cut u? ... Bruise u … I want to cut u.’’
***
“No u can kiss me and u can only slap my a--.’’

It was entirely a “reciprocal’’ conversation, court heard, and the girl laughed when the youth said he’d masturbated over a picture of her.

Close enough to a crime in the eyes of Canada. He gets probation, including a prohibition on certain internet and mobile phone use and restrictions about what he is allowed to read or view (including no "smut"). But also, 50 Shades of Grey is popular and mainstream enough to be made into a movie... 

In related "shoot first and ask questions later" news, the NY Times reports that a security guard at the Western Wall in Jerusalem recently shot and killed a Jewish man. For what offense? The man had his hand in his pocket allegedly shouted “Allahu akbar,” or “God is great.” The guard shot him multiple times, "apparently suspecting him of being a Palestinian militant about to carry out an attack." Sound like Trayvon Martin? Or how about drone attacks murdering innocent people for saying a few magic words like "jihad" in a mobile phone conversation? People tend to have a quick trigger finger for those whom they believe to be a threat, even if they've done nothing wrong. 

In still more Philip K. Dick's Minority Report related news, a recent study suggests that we can identify criminals likely to be recidivists via their brain scans. Wouldn't that be so great to be able to identify evil-doers before they can even get around to committing evil? And yet people are decrying the violations to their own civil liberties from government monitoring (NSA), for similar prophylactic measures. But if people have nothing to hide, they have nothing to worry about, right? As long as you manage to avoid being labeled something evil like sadist or sociopath (or shouting common religious phrases in public or wearing a hoodie at night or having opposing political beliefs as the party in power, or saying "that's the bomb!" in Afghanistan or standing next to someone that did), you're safe, right? Because we basically have a foolproof method of identifying bad people and punishing them.

I feel like this is somehow relevant:

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