xSamanthax
TMF Master
- Joined
- Mar 10, 2008
- Messages
- 780
- Points
- 0
"First and formost, non-con tickling is known and familiar with our particular group, just the same as tickling as a fetish is known and familiar in our group. Take one step outside of our group into the mainstream, and we're nervous and sometimes even paranoid to "come out" to vanilla friends and family members about our little corner of the sexual universe."
Take one step outside our community and you look to the contract that the model signs before the camera is turned on. The law is the law.
1. Would a vanilla jury of her peers actualy view this as an assault? She was paid to do a bondage scene and even signed a release form afterward and was paid for the services she gave. As we've seen ourselves thanks to the Tyra Banks show alone, tickling is not widely known outside our circle and a vanilla jury could have an impression of it being a harmless, if not playful, act.
It wouldn't necessarily be a jury trial though. Not every legal tussle is resolved by a jury. In the case of a contract, I don't imagine a jury would even come into play. Jury trials are very rare.
Vanilla or not...depends on the wording of the contract. The contract I signed required me to check off the box that said I agree to a non-con scene that included A, B and C.
If it is shown that the contract was violated, then yes, the way would be open for an assault charge to be filed and acted on. If the contract was proven in a civil court to have been violated, you bet your sweet ass a jury would convict assault. They would almost have to.
However, what most people don't realize is that the contracts are pretty specific. Down to agreeing to have limits tested/broken, having safewords ignored, etc. The producers have to do this to stay in business.
2. Would a jury (vanilla or otherwise) even be allowed to hear the case considering that:
...A. Prostitution itself is illegal and her services were obtained through a call-girl agency that would most likely tell her to keep quiet, not to mention that reporting it to the police would put her, herself, in immediate legal trouble (drug dealers don't call the cops when their drugs are stolen) and...
Making a video is not prostitution. Working for an escort agency is not prostitution, unless you are also accepting money in exchange for sex.
Even if the model WAS a prostitute, she still has a legally enforceable contract in her hands for the video. Being a prostitute does not suspend your rights as a citizen. Whether or not the prostitute understands that is another story.
...B. There was no assault charge pressed or reported by the call-girl after being tickled. Therefor a police report (criminal or otherwise) had never been generated to base a civil lawsuit on.
You can file a civil lawsuit without a criminal one. Happens all the time. In fact, if it happened to me...I would not bother with assault charges. They are difficult to make stick even under the best of circumstances, and the punishment tends to be a slap on the wrist. I'd go for their wallets. Much more crippling.
3. Let's say for argument sake that this WAS real and the call-girl that was tickled actually DID take it to court. We've been given so many great arguments on how, despite its tremendously authentic appearance, it was a fake, that in combination with the hurdles I've already mentioned, would make it an extreamly difficult, if not impossible case to persue.
Not difficult at all. Produce the contract. Read it. Look at the video. Compare what was agreed to what actually happened. Viola!
If she consented to a non-consensual scene, or consented to having her limits pushed, or if she agreed to have her safeword ignored...then there are no grounds for a breech of contract or assault charge.
Take one step outside our community and you look to the contract that the model signs before the camera is turned on. The law is the law.
1. Would a vanilla jury of her peers actualy view this as an assault? She was paid to do a bondage scene and even signed a release form afterward and was paid for the services she gave. As we've seen ourselves thanks to the Tyra Banks show alone, tickling is not widely known outside our circle and a vanilla jury could have an impression of it being a harmless, if not playful, act.
It wouldn't necessarily be a jury trial though. Not every legal tussle is resolved by a jury. In the case of a contract, I don't imagine a jury would even come into play. Jury trials are very rare.
Vanilla or not...depends on the wording of the contract. The contract I signed required me to check off the box that said I agree to a non-con scene that included A, B and C.
If it is shown that the contract was violated, then yes, the way would be open for an assault charge to be filed and acted on. If the contract was proven in a civil court to have been violated, you bet your sweet ass a jury would convict assault. They would almost have to.
However, what most people don't realize is that the contracts are pretty specific. Down to agreeing to have limits tested/broken, having safewords ignored, etc. The producers have to do this to stay in business.
2. Would a jury (vanilla or otherwise) even be allowed to hear the case considering that:
...A. Prostitution itself is illegal and her services were obtained through a call-girl agency that would most likely tell her to keep quiet, not to mention that reporting it to the police would put her, herself, in immediate legal trouble (drug dealers don't call the cops when their drugs are stolen) and...
Making a video is not prostitution. Working for an escort agency is not prostitution, unless you are also accepting money in exchange for sex.
Even if the model WAS a prostitute, she still has a legally enforceable contract in her hands for the video. Being a prostitute does not suspend your rights as a citizen. Whether or not the prostitute understands that is another story.
...B. There was no assault charge pressed or reported by the call-girl after being tickled. Therefor a police report (criminal or otherwise) had never been generated to base a civil lawsuit on.
You can file a civil lawsuit without a criminal one. Happens all the time. In fact, if it happened to me...I would not bother with assault charges. They are difficult to make stick even under the best of circumstances, and the punishment tends to be a slap on the wrist. I'd go for their wallets. Much more crippling.
3. Let's say for argument sake that this WAS real and the call-girl that was tickled actually DID take it to court. We've been given so many great arguments on how, despite its tremendously authentic appearance, it was a fake, that in combination with the hurdles I've already mentioned, would make it an extreamly difficult, if not impossible case to persue.
Not difficult at all. Produce the contract. Read it. Look at the video. Compare what was agreed to what actually happened. Viola!
If she consented to a non-consensual scene, or consented to having her limits pushed, or if she agreed to have her safeword ignored...then there are no grounds for a breech of contract or assault charge.
You've been here mucho longer so you know the outcome of a lot of these topics..
