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(Denver Post) Asinine Cop arrested for beating his wife, even though it was in the contract   (denverpost.com) divider line 58
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58 Comments   (+0 »)


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Raiden333 [TotalFark] 2009-07-02 06:43:37 PM  
Man, as farked up as I think that lifestyle is, it's even more farked up to punish people who willingly choose to enjoy it.

 
bighasbeen [TotalFark] 2009-07-02 07:05:10 PM  
FTA:

A deputy booking the woman into jail on unrelated charges discovered marks that the woman said came from beatings from a belt.

So, whaddya think she was in for? Prostitution because she gave him a beej and he bought her dinner?

 
RocketRod [TotalFark] 2009-07-02 07:07:07 PM  
That's one helluva pre-nup!

 
Ponzholio 2009-07-02 07:23:12 PM  
So he wasn't a beat cop???

 
BobNesta420 2009-07-02 07:23:17 PM  
FTFA: Olathe (oh-LAY'-thuh) Officer Michael Percival

Thank you, Denver Post, for the pronunciation guide. Now I can read this article aloud with confidence!

 
Pay the Man 2009-07-02 07:24:46 PM  
Ponzholio: So he wasn't a beat cop???

win

 
G.Carver 2009-07-02 07:24:55 PM  
that charge will never stick with a contract, you can get away with murder+cannibalism or get manslaughter at the most if someone signs one granting you permission to kill/eat them.

 
Ow! That was my feelings! 2009-07-02 07:26:57 PM  
G.Carver: that charge will never stick with a contract, you can get away with murder+cannibalism or get manslaughter at the most if someone signs one granting you permission to kill/eat them.

wut?

 
simpsonfan 2009-07-02 07:27:06 PM  
Man beats wife/girlfriend:

First time? He should be punished.
After that, she is an idiot for not leaving. Fark not having a job, or having kids to think about, HE COULD KILL YOU.

 
oryx 2009-07-02 07:27:32 PM  
Did he really have to take his work home with him?

 
ulairix 2009-07-02 07:27:47 PM  
G.Carver: that charge will never stick with a contract, you can get away with murder+cannibalism or get manslaughter at the most if someone signs one granting you permission to kill/eat them.

Illegal is still illegal. No state law says that a charge of murder can be dismissed if there was a contract permitting the murder.

 
The Southern Dandy 2009-07-02 07:28:13 PM  
Is this one of those fundie pre-nups?

 
Failing_Junk [TotalFark] 2009-07-02 07:28:57 PM  
I didn't know sadomasochism was illegal.

 
Biv 2009-07-02 07:31:17 PM  
Ponzholio: So he wasn't a beat cop???

She seemed to be a beat box.

 
NightGuard 2009-07-02 07:34:21 PM  
Failing_Junk: I didn't know sadomasochism was illegal.

Well, technically it isn't. The problem here is that after the fact, the 'victim' can claim that the act was not consentual and press charges against the 'attacker'. It doesn't matter that there is a 'contract' for such actions, as such a contract is not legally binding.

 
Fjornir [TotalFark] 2009-07-02 07:34:31 PM  
simpsonfan: Man beats wife/girlfriend:

First time? He should be punished.
After that, she is an idiot for not leaving. Fark not having a job, or having kids to think about, HE COULD KILL YOU.


I'm guessing (the article is light on details) that this isn't some sort of rage-beating but consensual BDSM

 
Failing_Junk [TotalFark] 2009-07-02 07:40:46 PM  
NightGuard: he problem here is that after the fact, the 'victim' can claim that the act was not consentual and press charges against the 'attacker'.

I thought it was the bureaucrats bringing the charges, not the "victim." Reading it again the article is not clear on this point.

 
ne2d [TotalFark] 2009-07-02 07:48:40 PM  
G.Carver: that charge will never stick with a contract, you can get away with murder+cannibalism or get manslaughter at the most if someone signs one granting you permission to kill/eat them.

Cool! Anyone want me to kill and eat them?

 
NightGuard 2009-07-02 07:49:20 PM  
Failing_Junk: I thought it was the bureaucrats bringing the charges, not the "victim." Reading it again the article is not clear on this point.

I thought it was the woman bringing the charges, given that it sounds like she volunteered copies of the contracts as evidence to the police. You're right, though. There are almost no details in the article.

 
Retort [recently expired TotalFark] 2009-07-02 07:52:32 PM  
Seems as clear as day to me. What I don't understand is why would a cop have power and control issues? Unfathomable.

 
Korzine 2009-07-02 07:57:01 PM  
NightGuard: Failing_Junk: I didn't know sadomasochism was illegal.

Well, technically it isn't. The problem here is that after the fact, the 'victim' can claim that the act was not consentual and press charges against the 'attacker'. It doesn't matter that there is a 'contract' for such actions, as such a contract is not legally binding.


IANAL but if I remember correctly one can't consent to being hit. So if the state finds out it can press charges even if the "victim" doesn't press charges.

I think most such laws were originally passed for battered spouses who refused to testify against their significant others though. But yes in effect sadomasochism is technically illegal afaik.

 
vsavatar [recently expired TotalFark] 2009-07-02 07:58:06 PM  
The "contract" is certainly not valid or enforceable, but that doesn't mean it can't be used as evidence of implied or express consent to a battery. One can consent to a battery as long as no serious injuries occur. If we're just talking some minor red marks from a belt, it's very unlikely that we're dealing with serious injuries. It doesn't matter however, if she ever orally revoked her consent at some point after the contract was made or if the consent was given under duress. Ultimately this is going to turn into a he said/she said case, and quite frankly, she's very likely to lose if he's only being charged with DV.

As archaic as it is, we live in a society where if a couple so chooses between themselves, they can practice domestic discipline within reason.

 
Great Metal Jesus [TotalFark] 2009-07-02 08:00:13 PM  
Failing_Junk: I didn't know sadomasochism was illegal.

I'm almost positive it is in at least a couple states. Hitting another adult, with or without consent, is assault. It's bullshiat. I think the state mentioned wish Michigan, but don't quote me on that.

 
futuridz 2009-07-02 08:01:36 PM  
.... and the aristocrats.


I'd let my wife beat me if she was hot enough. Bricknee are you interested?

 
Magorn 2009-07-02 08:08:44 PM  
Korzine: NightGuard: Failing_Junk: I didn't know sadomasochism was illegal.

Well, technically it isn't. The problem here is that after the fact, the 'victim' can claim that the act was not consentual and press charges against the 'attacker'. It doesn't matter that there is a 'contract' for such actions, as such a contract is not legally binding.

IANAL but if I remember correctly one can't consent to being hit. So if the state finds out it can press charges even if the "victim" doesn't press charges.

I think most such laws were originally passed for battered spouses who refused to testify against their significant others though. But yes in effect sadomasochism is technically illegal afaik.


Yes and no, and that's where this will get interesting. The Crime of Battery is defined as "the unconsented touching of person by another. Now the law of battery allows for situations of implied consent, such as when two people enter a boxing ring, and situations where on party mistakenly believes the other will consent. The cop's lawyer will undoubtedly argue one or both of these special situations based on the contract. However given marks of decent severity and the general public's dislike/ ignorance of BDSM he will probably be unsuccessful on the first and most likely the second.

and frankly that's probably the correct result. If she was mad enough about the spanking to go to the cops, it's pretty clear to me that she withdrew her consent for it at some point. And just like intercourse can turn into rape even somewhere in the middle of the act, so consensual BDSM becomes a crime if she isn't enjoying it anymore and she tells you so (s'why safe words are so important, so you can have a clear signal as to when that is)

 
thekla 2009-07-02 08:10:36 PM  
Retort: Seems as clear as day to me. What I don't understand is why would a cop have power and control issues? Unfathomable.

Thank you Retort. If they are bad on the street imagine those ba$tards at home. YIKES.

 
feanturi 2009-07-02 08:18:01 PM  
At first I thought it was about this guy. (new window)

 
bighasbeen [TotalFark] 2009-07-02 08:19:11 PM  
Magorn:

If she was mad enough about the spanking to go to the cops, it's pretty clear to me that she withdrew her consent for it at some point.


It doesn't sound FTA that she went to the cops. Her ass got arrested for something else, they saw the marks and she told them what they were.

 
huntercr 2009-07-02 08:19:20 PM  
Ow! That was my feelings!: G.Carver: that charge will never stick with a contract, you can get away with murder+cannibalism or get manslaughter at the most if someone signs one granting you permission to kill/eat them.

wut?


I think he's talking about that guy Armin Meiwes

Who did indeed get away with murder and cannibalism ... he was convicted of only manslaughter.

 
Excen 2009-07-02 08:20:18 PM  
Wow. I never thought I would see the day when I didn't want a pig prosecuted.

/I feel so enlightened. . .

 
Lamune_Baba 2009-07-02 08:25:25 PM  
If they allow this sick, sexual relationship to continue unpunished the next thing you know they'll allow two dudes to get married!

We cannot allow consenting adults to chose how they live their own lives! Especially when what they're doing gives Jesus a stiffy! Er... I mean... children. Think of the children.

Sick, sick people. The government knows best.

 
misanthropic1 2009-07-02 08:29:02 PM  
"A deputy booking the woman into jail on unrelated charges discovered marks that the woman said came from beatings from a belt."

It nowhere in the article says that she went to the cops over the beating, as many of you seem to be implying.

 
king_nacho [TotalFark] 2009-07-02 08:31:10 PM  
the question is of willing consent versus forced consent.

IF, and its a big if, the girl is actually in to it, then it is one thing. If she was threatened to sign or else, then you know.

 
Supplicant 2009-07-02 08:33:06 PM  
NightGuard: Failing_Junk: I didn't know sadomasochism was illegal.

Well, technically it isn't. The problem here is that after the fact, the 'victim' can claim that the act was not consentual and press charges against the 'attacker'. It doesn't matter that there is a 'contract' for such actions, as such a contract is not legally binding.


I guess it depends on where you live. In my jurisdiction leaving up to a low level of bruising is legal as long as it is consensual. Heavier bruising or *any* breaking of the skin is a hefty misdemeanor. So no, sadomasochism isn't illegal, but if you indulge you're likely to break one of the battery laws.

Of course tattoos, major piercings, and scarification are all perfectly fine.

 
Magorn 2009-07-02 08:34:17 PM  
misanthropic1: "A deputy booking the woman into jail on unrelated charges discovered marks that the woman said came from beatings from a belt."

It nowhere in the article says that she went to the cops over the beating, as many of you seem to be implying.


you know then I reverse my earlier position since I misread the article. If she ain't complaining of the attack, then legally they shouldn't be able to make it stick, though this being Colorado and all, all it will take is one narrow minded judge and prosecutor to convict him anyway. Unfortunately either way, he career is over in that town.

 
Supplicant 2009-07-02 08:35:17 PM  
misanthropic1: "A deputy booking the woman into jail on unrelated charges discovered marks that the woman said came from beatings from a belt."

It nowhere in the article says that she went to the cops over the beating, as many of you seem to be implying.


In fact it says the opposite: "A deputy booking the woman into jail on unrelated charges discovered marks that the woman said came from beatings from a belt. "

 
NightGuard 2009-07-02 08:36:19 PM  
I'd just like to thank Korzine, vsavatar, and magorn for actually giving me some relatively intelligent responses about BDSM. It's hard to find people who actually know something about that and law.

Again, the article really lacks detail, but I was operating under the assumption that she was basically retracting her consent to the ongoing relationship. Might have been because of the discipline, might have been because of something else, but it really sounds like she no longer consented to the activity.

 
MikeFallopian 2009-07-02 08:38:33 PM  
They both sound fat.

/always a safe bet with those weird BDSM folks

 
roadmarks [TotalFark] 2009-07-02 08:41:43 PM  
simpsonfan: Man beats wife/girlfriend:

First time? He should be punished.
After that, she is an idiot for not leaving. Fark not having a job, or having kids to think about, HE COULD KILL YOU.


Who are you to tell her she can't consent to it willingly?

I know people who have verbal and/or written contracts about BDSM activities with their significant others. It is not the same as domestic abuse and limits are respected.

 
futuridz 2009-07-02 08:42:26 PM  
MikeFallopian: They both sound fat.

/always a safe bet with those weird BDSM folks


HAHA especially fat chicks. I guess they have to work some angle

 
roadmarks [TotalFark] 2009-07-02 08:44:52 PM  
NightGuard: I'd just like to thank Korzine, vsavatar, and magorn for actually giving me some relatively intelligent responses about BDSM. It's hard to find people who actually know something about that and law.

IANAL, but a friend is - specifically for a BDSM group and their events. If you have specific questions, EIP.

I do recall a bizarre case where there was a "slave auction" in (iirc) SF as a fund-raiser. The police raided it and arrested everybody on an old anti-slavery law. I'll have to see if I can dig out the info on that.

 
cats4rent 2009-07-02 08:45:09 PM  
he has been wronged.i do not fully understand these folks, but they like this stuff and they aren't hurting anyone but themselves.

 
roadmarks [TotalFark] 2009-07-02 08:45:31 PM  
MikeFallopian: They both sound fat.

/always a safe bet with those weird BDSM folks


You've never seen some of the professional dommes.

 
roadmarks [TotalFark] 2009-07-02 08:46:27 PM  
cats4rent: he has been wronged.i do not fully understand these folks, but they like this stuff and they aren't hurting anyone but themselves.

It all depends on whether the contract was coerced or not. And there is no way to determine that FTA.

 
misanthropic1 2009-07-02 08:52:00 PM  
You've never seen some of the professional dommes.

Even pros aside, most of the community I've met have been pretty young/slim, just my personal experience.

*does not include middle-aged clients of said pros

 
macadamnut 2009-07-02 08:54:32 PM  
How does a cop's girlfriend get arrested without his consent?

 
justoneznot 2009-07-02 09:15:13 PM  
This is an abuser who made her sign the "contract" to have even more mental control over his wife. If this was just some kinky act, the woman would explained it's just a fetish. The fact that she went and showed the investigators the contract tells me she wants them to know what a sick fark he is because she's scared of him and wants a way out.

 
ulairix 2009-07-02 09:27:33 PM  
huntercr: Ow! That was my feelings!: G.Carver: that charge will never stick with a contract, you can get away with murder+cannibalism or get manslaughter at the most if someone signs one granting you permission to kill/eat them.

wut?

I think he's talking about that guy Armin Meiwes

Who did indeed get away with murder and cannibalism ... he was convicted of only manslaughter.


He was later retried and found guilty of murder, he is currently in prison for life. Also that case was in Germany, so even if it were legal to kill and eat someone in Germany, it would not apply in the USA.

 
Chibi Shinigami 2009-07-02 09:35:11 PM  
If you read the link found at the bottom of the page to the original article, you will see that she didn't like it and it wasn't part of sexual foreplay - it was punishment that she put up with because she loves him.

 
Supplicant 2009-07-02 09:45:00 PM  
Chibi Shinigami: If you read the link found at the bottom of the page to the original article, you will see that she didn't like it and it wasn't part of sexual foreplay - it was punishment that she put up with because she loves him.

Neither of those mean it wasn't consensual. BDSM is not necessarily about sex. And punishment isn't meant to be *liked*, not even in a BDSM relationship.

 
feffer 2009-07-02 09:46:14 PM  
This reminds me of this link from 2006. My husband thought it was sick/hilarious, and brings it up all the time. If I say something snotty to him or say I don't want to do something he'll say "YOU SIGNED A CONTRACT."

 
huntercr 2009-07-02 09:47:00 PM  
ulairix: huntercr: Ow! That was my feelings!: G.Carver: that charge will never stick with a contract, you can get away with murder+cannibalism or get manslaughter at the most if someone signs one granting you permission to kill/eat them.

wut?

I think he's talking about that guy Armin Meiwes

Who did indeed get away with murder and cannibalism ... he was convicted of only manslaughter.

He was later retried and found guilty of murder, he is currently in prison for life. Also that case was in Germany, so even if it were legal to kill and eat someone in Germany, it would not apply in the USA.


I was merely explaining the reference.

 
Oznog 2009-07-02 10:01:02 PM  
www.buyersmls.com

TO THE MOON, ALICE!

OK, he was a bus driver, I forgot, the uniform was similar.
And he was just using space travel as a metaphor for beating his wife.

 
cc_rider 2009-07-02 10:23:45 PM  
justoneznot: This is an abuser who made her sign the "contract" to have even more mental control over his wife. If this was just some kinky act, the woman would explained it's just a fetish. The fact that she went and showed the investigators the contract tells me she wants them to know what a sick fark he is because she's scared of him and wants a way out.

THIS.

Original article

Someone needs to get medieval on that cop's ass.

 
johnny_vegas [TotalFark] 2009-07-02 11:03:47 PM  
she got some 'splainin to do

www.greatexpectations07.com

 
Man Going His Own Way 2009-07-02 11:44:59 PM  
A Save-A-Ho gets Save-A-Hoed.

 
KiloFoxtrotCharlie 2009-07-03 12:26:14 AM  
oryx
Did he really have to take his work home with him?

I LOL'd

 
Slick Johnson 2009-07-03 01:17:41 AM  
Guys a dumbass. The cops told my daughter when she was going through a particularly bad stage that corporal punishment was legal as long as I didn't injure her (bruises or marks)

Guy needs to not be so brutal and she may have liked it.

Get along better with my daughter now than I ever did since her mother left...

 
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