Legal to inflict severe phyiscal injury to a person with their consent?

[Telcontar]

The title really says it all. Inspired by:
http://www.craigslist.org/about/best/pdx/944361824.html

Thoughts:
It’s certainly legal to pop someone’s blister, remove their splinter, or clip their toenails if they want you to. It’s likely illegal to do any of those things against their will (a little silly in degree, but bear with me). Cases that came to my mind:

1.) Cutting them to the point of minor bleeding (which is sexual play, in some circles).

2.) Beating then with a cane or whipping them.

3.) Breaking their finger.

4.) Breaking their arm.

My feeling is that the police would take an interest in 4 (due to the necessary involvement of medical personnel) but would overlook the other three absent a complaint. Anyone have any thoughts?

Note: I do not intend to break anyone’s bones, make them bleed, or beat them black and blue. This is a theoretical question.

[KnitWit]

In Massachusetts, it is not possible to “consent to assault.” Therefore, in 2000 a couple of people were arrested for “assault with a deadly weapon” while smacking someone’s arse with a wooden spoon in a consensual act. If I recall correctly (you can check it out at http://www.nelaonline.org/attleboro.html) one of them was a bank manager. She ended up with her photo in the paper above an S & M related headline.

I believe this is a state by state issue, but I’m sure there are certain limits.

[Gfactor]

Does consent excuse violence against another? Generally, it does not. Recently, however, criminal defendants charged with violence against their sexual partners have asked courts to treat violent sex or sadomasochism (S/M) as a sport, like prize fighting and hockey. While most courts have refused to do so, a recent New York case, People v. Jovanovic, let stand a ruling that effectively permits a defendant to argue consent as a defense.

http://www.bc.edu/bc_org/avp/law/lwsch/journals/bclawr/42_2/01_TXT.htm (long article with citations)

[Gfactor]

And see, Kelly Egan, “Morality-Based Legislation Is Alive And Well: Why The Law Permits Consent To Body Modification But Not Sadomasochistic Sex,” 70 Alb. L. Rev. 1615 (2007) (The title tells the story): http://findarticles.com/p/articles/mi_hb3243/is_4_70/ai_n29405576?tag=content;col1

[Telcontar]

interesting! thank you

[Cervaise]

On the other hand, it is legal to inject somebody with an opiate that knocks them out, then cut them open and pull out organs. It’s called “surgery.”

[KnitWit]

@Cervaise

On the other hand, it is legal to inject somebody with an opiate that knocks them out, then cut them open and pull out organs. It’s called “surgery.”

Right, but you have to be educated and qualified in order to perform surgery. Smacking someone’s arse is anyone’s game.

It’s pretty ridiculous what they did in Attleboro. I see no reason that consenting adults can’t do what they want in the privacy of their own orgies.

Then again, the guy who wants his arm broken needs to be stopped in my opinion. And encouraged to get help.

And there was that German guy…

http://blogcritics.org/archives/2006/05/09/124421.php

There has to be a limit. This was essentially assisted suicide. But I still don’t think a wooden spoon qualifies as a “deadly weapon.” Certainly not in the circumstances I cited above. I’ve seen much more dangerous weapons used for fun and games.

[Telcontar]

@KnitWit

Right, but you have to be educated and qualified in order to perform surgery. Smacking someone’s arse is anyone’s game.

It’s pretty ridiculous what they did in Attleboro. I see no reason that consenting adults can’t do what they want in the privacy of their own orgies.

Then again, the guy who wants his arm broken needs to be stopped in my opinion. And encouraged to get help.

And there was that German guy…

http://blogcritics.org/archives/2006/05/09/124421.php

There has to be a limit. This was essentially assisted suicide. But I still don’t think a wooden spoon qualifies as a “deadly weapon.” Certainly not in the circumstances I cited above. I’ve seen much more dangerous weapons used for fun and games.

Actually I think it’s a woman, not a guy, who wants their arm broken (posted as Wf?). I agree that there should be a limit but, between these responses and related poking around I’m rather surprised by the absence of clear law on this question. I guess 8 year olds playing at blood brothers should take note :-p.