The following may or may not be of use to you. This is the law in the San Francisco area as interpreted by a San Francisco Police Officer. Things in your area may be different. Please do not depend on this information without checking with your local law enforcement agency.
The following is an email written by the officer who is participating on the sflaw list. It seemed important enough to pass along (and I do have his permission to reuse/repost.)
Yes, he is a San Francisco Police Officer who doesn't want to be
out at all. He's been wonderful in helping steer this little liason group we've got going.
I have word from him that he wants to see this info get out there. Death by scening would suck.
-- K (I have permission from both parties to use this post. Domina)
One and all,
It seems *everyone* I know has a story about an "abduction/kidnap or play rape" scene that was interrupted by the local constabulary. Either a whole lot of this is play going on, or the boys and girls in blue are doing one
hell of a job. It's nice to think both could be true.
I saw this as a great subject, because in these situations the BDSM'ers and the coppers are both at the top of their form. The BDSM'ers engaged in some very technically difficult and challenging play, the coppers being the
heroes and quick wits we pay 'em to be.
|I have seen some VERY BAD info on the subject posted elsewhere by
an "expert" and tried to correct the misinformation. The "expert"
(LAPD) told a group of BDSM'ers (who spread the word) that even if the "victim"
of the abduction scene was totally willing, the play kidnapping was a crime. (DEAD WRONG!)
So, let us review the likely crimes that would be involved were such a scene real. Assault, Battery, False Arrest/Imprisonment, Kidnapping, Sexual Battery, Rape. There are plenty of others, with lesser and greater
subdivisions of the above, but I think you get the idea.
All these crimes require as a basic element that the act(s) be against the will of the victim. Any cop you run into will know this, and the old line, "No victim, no crime." And this type of play is not a "statutory" crime, or
a crime violating the rights of "society". It's not any kind of crime.
**B U T**
When the officers first show up, what they see is not play. It's major, violent, felony crime, and that dictates how they react.
So then, how to survive Abduction Interruptis:
(Note) I will not detail methods of avoiding detection, as this may be used for truly criminal purposes, and I will not be a party to such. I'm sure you'll understand.
Know your victim and have rock solid consent. This is the *one* thing that makes all this legal play, and not a felony violation. If you both/all want this to be a 'surprise', then get rock solid *blanket* consent, PRIOR TO the
This may seem, um... er... unromantic, but get consent IN WRITING. Hand written by the "victim" is best, but typed will do. Detail what the play scene will involve, "Abduction, Kidnapping, Bondage, Play 'Rape', Etc." A
specific date is best, but if the scene is open ended, then say so. Both/all parties to the scene should sign the note. Then photo copy the note over the ID/DL cards of both/all parties. This letter of consent should be carried by
the "Abductor(s)" at all times during the scene.
|The above will provide the officers with indicea,
"proof" indicating that this is not a spur of the moment thing, and the play
parties have given this some careful planning and thought. It will help the
What may help the "victim" would be the inclusion of the agreed safe-word, and or safe-signal, exactly how it works (that it's use is agreed by all parties to mean that all play immediately stops and the "victim" is released).
In the case of a "bad Dom", this shows that all parties were aware that the "victim" always retained ultimate control of their free will and consent (with the ability to retract, or assert them at any time). It also gives a
quick education to officers about BDSM in relation to a sub or bottom who has become the victim of a REAL crime while in a scene.
If you plan to "use" a weapon to threaten your "victim" to gain control, there are some VERY serious consequences. Any gun, knife or such you use, depending on the weapon, place, or way carried could lead to a criminal charge. The cops WILL NOT need a victim for those charges.
And any fake or simulated gun, knife or such, when seen by the cops in the spit-second it takes to act, will be treated like a real gun, knife or such, with potentially deadly consequences.
That $120, oh so cool, Barretta 92f "look a like" fake gun, MAY make your "victim" squirm thinking it real, but it WILL make Officer Friendly think it's real too. And (s)he may turn you into a 40. caliber wind-tunnel before
you have a chance to explain.
Would a knife be better? Not much.
All officers are trained that an attacker armed with a knife can charge at least 21 feet,
from a dead stop, and deliver multiple, deadly stab wounds, in less time than it takes an
officer to draw their weapon and fire an aimed shot. This has been demonstrated countless
times, and the police trainers never let officers forget it.
Weapons are just that, NOT toys. The best rule of thumb regarding
weapons at play is; In private, fine. In public, they are likely to land you in jail if
not the morgue.
DO's and DON'Ts
Here is a discussion between Beknighted and myself regarding the
post. -- K
>One and all,
>Below are some questions K had about the post (even before I was done
>with it!) You can tell the smart ones, they always ask good questions ;)
>>Blargh! Sorry a bunch of it got eaten by silly hotmail.
>> >I have seen some VERY BAD info on the subject posted elsewhere by an
>> >"expert" and tried to correct the misinformation. The "expert" (LAPD)
>> >group of BDSM'ers (who spread the word) that even if the "victim" of the
>> >abduction scene was totally willing, the play kidnapping was a crime.
>>If even just a few cops believe this to be true, I could see this bringing
>>about a whole nother set of problems.
>Other than the "expert", I don't know a single cop who thinks that. Even a
>know nothing, second week in the academy recruit knows the elements of
>I suspect the "expert" Dom was attempting to 'lord it over' his captive
>audience of BDSM'ers.
>> >All these crimes require as a basic element that the act(s) be against
>> >will of the victim. Any cop you run into will know this, and the old
>>Any cop except the LAPD one? <wry grin>
>I don't like to point fingers in inter-agency one-upping, but... EXACTLY!
>> >This may seem, um... er... unromantic, but get consent IN WRITING. Hand
>> >written by the "victim" is best, but typed will do. Detail what the play
>> >scene will involve, "Abduction, Kidnapping, Bondage, Play 'Rape', Etc." A
>> >specific date is best, but if the scene is open ended, then say so.
>> >perties to the scene should sign the note. Then photo copy the note over
>> >ID/DL cards of both/all perties. This letter of consent should be carried
>> >the "Abductor(s)"
>> >at all times during the scene.
>>How would this be more helpful than the victim telling the cops (with the
>>"abductors" talking to other cops) that the "crime" is consensual?
>It tends to show that the "victim" is not under any duress, that there is
>at least some amount of mutual prior planning and agreement. Some
>professionalism, if you will.
>> >If you plan to "use" a weapon to threaten your "victim" to gain control,
>> >there are some VERY serious consequences. Any gun, knife or such you use,
>> >depending on the weapon, place, or way carried could lead to a criminal
>> >charge. The cops WILL NOT need a victim for those charges.
>>More details would be helpful here. I think a knife is more typically used
>>for this sort of scenario. I'd imagine if the cops approach the first thing
>>to do would be to drop the knife?
>Yes! But, being unaware of the cops (facing away) and having the knife as
>though ready to strike the "victim" can cause DEATH.
>Life, as well as the lethal use of force situation, does not happen in
>freeze frame, or stop motion. They are fast and fluid. No matter what you
>have seen on TV, the police CAN NOT shoot the pen knife out of the hand of a
>felon at eighty paces. They are trained to aim for center body mass, and
>when things get deadly they just pray that one lucky shot hits home.
>>Real guns tend to be frowned on within the community as being too dangerous
>>for any type of play -- even if the person with the gun thinks he knows
>>what he's doing. Some people do play with them anyway, but my impression is
>>that that's rare. OTOH fake guns are not uncommon. Knives are very common
>>though -- not just for abduction scenes.
>> >That $120, oh so cool, Barretta 92f "look a like" fake gun, MAY make your
>> >"victim" squirm thinking it real, but it WILL make Officer Friendly think
>> >it's real too. And (s)he may turn you into a 40. caliber wind-tunnel
>> >you have a chance to explain.
>>Any advice for what to do if one chooses to ignore this and is interrupted
>>in their scene?
>Have your organ doner card filled out. Have your will in order (if you don't
>have anyone to leave it to, may I suggest a donation to The SFPD Widow's and
>Orphan's Society? And have a note in your pocket, explaining that you don't
>blame the poor bastard for doing, what any idiot would know he has to do,
>when you have acted so recklessly.
Mandatory Reporting Laws
To reply to your question about the mandatory reporting laws, I offer the following:
First, my background, I am currently a police officer for a major metropolitan police agency in central CA. I have been involved in some type of law enforcement for approximately six years.
In the course of my duties, I handle a lot of assault type incidents, from near death cases to no visible injuries whatsoever. We often respond to hospitals that report suspicious injuries, as they are required to do. In almost all cases, the patient is unaware that the police has been called until we arrive and begin questioning them.
If I were to respond to this type of call and the patient explained to me that they were involved in an alternative LIFESTYLE, we would probably treat it like a sports type injury, after all, have you ever seen a hockey player after a game?
However, there are some legal matters to be considered. Police are required in the state of CA to make an arrest if the injuries on a person are caused by their spouse, someone they have a child in common with, former spouse, or someone they are currently cohabitating with in a marriage type situation. These persons can be of the same sex. I doubt very seriously if the district attorney would file charges in this situation if the two parties were willing participants*
Additionally, if a person of this lifestyle were participating in an extracurricular activity and they felt that it went too far or were seriously injured, they could file a private person's arrest. If an incident resulted in serious injury or death, the state of CA could seek charges against the person causing the injury regardless of the activity. There are many of these types of laws and I could go on forever. Each police agency has different policies and procedures on these matters. Some towns would say this is acceptable behavior and some would have you thrown out of town! In conclusion, it is up to each individual person to make these decisions, knowing there might be consequences and repercussions. Use caution or you might get to wear MY handcuffs or get spanked by me! ( I believe this last statement is directed at me and not the group *wink*)
* I know that this is for a fact, TRUE. A couple were having a bonding ceremony as part of their engagement party. The domme was trying to cut the slave's chest and put too much pressure on the knife. Made a pretty good cut. Another guest and I gave him fast and dirty first aid, and they went on with the ceremony.
A little while later, after the ceremony, another guest came and got me and said that the wound had not stopped bleeding. (I teach CPR, but NOT first aid, but my first aid IS up to date.) I took the slave into the bathroom, and his shirt was pretty bloody. The wound had NOT closed up, and was still bleeding strongly, not a trickle. I grabbed another guest, had him find the domme (who had just gotten back from taking her mother home before the party went into full BDSM mode) and that guest drove the couple to the hospital.
The guest who did the driving (and sat in the emergency room with them) was a male dressed in a PVC catsuit and fancy female type boots, wearing a huge amount of makeup, and with spiked hair. Even for San Francisco, he's striking. The lady of the couple was in fetish gear, though the slave was reasonably casual. They had definitely been at an alternative party just by the way they were dressed.
They told the hospital EXACTLY what happened. The slave was ex-rayed to see how deep the cut was, given three stitches, and sent back to the party amid a LOT of jokes and merriment by the hospital staff. (The Domme cried all the way there and for quite awhile in the Emergency room, I heard.)
No one gave the couple any grief. The Emergency Room personnel said that it's happened before. They were totally casual about it. They made a lot of jokes about whether he was going through with the wedding and the slave said he was afraid that he wouldn't survive the wedding night. Everyone was very casual. The couple actually played (at the slave's insistance) once they returned to the party.
I know a couple of Emergency Room nurses, and believe me, they have seen EVERYTHING you can bring in.
A Note on Dealing With the Police