Skip to comments.Negligent Sex - Massachusetts Courts Says Persons Can Be Liable for "Reckless" Sex
Posted on 05/18/2005 11:40:20 AM PDT by JBW
A Massachusetts court has recently had to resolve the question, as a matter of tort law, what duty of care a pair of non-married adults owe to each other for injuries resulting from consensual sex between them.
I'll leave the details of the case for those with strong stomachs who are willing to read the opinion found in the preceding link. In summary, however, the plaintiff (male) was injured when the defendant (female) changed her position during the middle of intercourse.
The trial court granted summary judgment in favor of the defendant, finding that, as a matter of law, there was no applicable standard of care between two consenting adults engaged in sex. Consequently, one of those adults could not be liable for negligence in connection with injuries suffered by the second adult.
The Massachusetts appellate court affirmed the trial court's holding, but declined to support its rationale that there was no duty of care. Instead, the appellate court reasoned:
"Whether persons involved in consensual sexual relations owe each other a legal duty of reasonable care in the conduct of those relations is a question of first impression in Massachusetts. Generally, as the plaintiff claims, tort law requires that a duty of reasonable care be exercised to avoid injury to others.
* * *
Since "[t]he essence of wanton or reckless conduct is intentional conduct . . . which . . . involves a high degree of likelihood that substantial harm will result to another," Commonwealth v. Welansky, supra, citing Restatement of Torts § 500 (1934), we believe that a fact finder is capable of recognizing such extreme conduct, impartially and without prejudice, even in the context of consensual sexual behavior.
(Excerpt) Read more at jonathanbwilson.com ...
>In summary, however, the plaintiff (male) was injured when the defendant (female) changed her position during the middle of intercourse.
Changed her position on what? Paper or plastic?
does that include six-year olds who die from lesbian fisting?
Sex is no fun unles it's wanton and reckless.
What do they want? Carefully planned and choreographed with safety precautions?
They used to call the "safety precaution" "marriage".
But, yes, they want everything carefully planned. Apparently you missed the college that asked students to get explicit permission from their partner that it was OK to continue at each step of a sexual encounter to make sure that consent was given for everything that was done. I expect some colleges to distribute consent forms that have to be signed first one of these days...
sounds like John F-n Kerry... I was for it before I was against it...
the worst part of this whole story... two words... 'penile fracture'... OUCH!
There are of course. . .'horses of a different color'. . .and maybe that explains it. . .
This is the end of gay sex in MA.
I'm beginning to think the Massachusetts courts are obsessed with sex. Don't those people have any other issues to deal with?
Or at least have a spotter.
Here's a link to the case he mentioned: http://www.malawyersweekly.com/signup/opinion.cfm?page=ma/opin/coa/1108105.htm
JOHN DOE vs. MARY MOE.
 A pseudonym.
 A pseudonym.
All I can say is OUCH!
I see the court documents says he suffered a "penile fracture". What? A real bone?
How many of you immediately tracked back through the links to read the "details of the case for those with strong stomachs"?
(raises hand) OW!
""Whether persons involved in consensual sexual relations owe each other a legal duty of reasonable care in the conduct of those relations is a question of first impression in Massachusetts. Generally, as the plaintiff claims, tort law requires that a duty of reasonable care be exercised to avoid injury to others"
Oh its Massachusetts at it again. Lawyers will love this one" Sexual Malpractice Insurance" for everyone? The Pilgrims are rolling in their graves up there!
He thought she was a Republican, and she suddenly announced she was a Democrat, which caused irreparable harm to the plaintiff.
Oh, I back tracked immediately.
I love reading about these things in clinical, polite, legalese. My favorite:
"...for purposes of increasing her stimulation.."
Geez, if I sued for every injury I've incurred at the hands of females driven into the throes of intense ecstasy, I could afford to buy an NFL franchise. Just kidding, take it easy! Ouch!
so is MA one of those state (like MI) that the only legal position is missionary? if so, he might have a case.
now my question is, how would this relate to the story i heard a while back about the couple using a loaded gun (which ADed) as a sex toy? is that considered reckless sex?
"What do they want? Carefully planned and choreographed with safety precautions?"
Make sure your OSHA regulations are posted on the headboard and on the ceiling ;)
I sincerely hope this stays confined to Mass. Oh God please...
But they just legalized it a year ago...
Same issue, different thread, yesterday, was much more fun.
"I sincerely hope this stays confined to Mass. Oh God please..."
The only way that's going to happen is if we build a LARGE fence around the borders of the state of MA, and then refuse to allow them the ability to broadcast anything.
Perhaps a "seat belt".
On the other hand,
no one's gonna care if you
die stealing a car
in Grand Theft Auto.
Once again, computer games
prove safer than sex . . .
Massachusetts city, county, and state taxes, licenses, and permits, adding to federal taxes would suck the graft right out a democrats pockets.. and thats not easy..
WORSE Massachusetts citizens LOVE IT.. look who they elect..
They elect people with most all their money OFFSHORE..
The rubes pay most ALL the taxes..
Massachusetts citizens are perverts, ALL OF THEM..
"Whether persons involved in consensual sexual relations owe each other a legal duty of reasonable care ...to avoid injury to others"
I thought that that was settled years ago when the Aids virus was given civil rights?
I mean, if you can't be asked who gave you HIV and the "infection" traced back like all other STDs were, then what "duty of reasonable care" exists?
After all, if unprotected sex by an Aids carrier is not attempted homicide ....
sorry, took a bit. most of the links had expired.
this one still looks good tho.
it has sparked a number of comments that amuse my friends when i tell them this story.
"but it WAS safe sex, we were using a condom.."
"i never expected to hear of lead poisoning listed as an STD"
"In summary, however, the plaintiff (male) was injured when the defendant (female) changed her position during the middle of intercourse."
Doesnt EVERYONE change their positions during sex???!??!?!?!? So now your just supposed to lie still in the same position?? This doesnt make sense.
They took the page down...I keep getting an error message.
Remember to 'Buckle Up" its not just a good idea
It's The Law
"...the plaintiff (male) was injured when the defendant (female) changed her position..."
My lack of imagination does not allow me to comprehend the situation, but I will say: "Ouch!"
No, they don't.
Hear that, Laz? No more wonton sex. Not sure about egg-rolls or moo shoo pork.
Don't open the page. It'll make you blush.
Ted Kennedy, Howard Dean, John Kerry and Hillary Clinton = the results of wreckless sex.
I had wonton sex before.
But I'm pretty sure she actually only weighed 1,975 lbs.
Gun condoms do have a high failure rate.
Well, that's safer that Teuton sex, I guess.
She suddenly became anti-abortion...
It was 1,953, and I will thank you to keep that between us. ;)
Just in case you changed your mind later.
Would have made office meetings a little more interesting, though.
wowzer... you gotta really be moving for this type of injury to occur...
You ever had eggroll sex?
Sex with Chinese food, yaks, strawberry jam, and Xena--I'm beginning to think you might have a problem, Laz. You may be orally fixated.
Which ought to make you...popular with the ladies...I guess.
[sniffs...bursts into tears]
One MORE thing to be jealous of Laz over!!!! [sobbing]
WHY, WHY did I have to be well-endowed instead of having extrasensitive taste buds?!?!?! WHY, GOD, WHY!?!?!
There was a thread recently on this. A man ended up with a broken ... um... well...