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Negligent Sex - Massachusetts Courts Says Persons Can Be Liable for "Reckless" Sex
JonathanBWilson.com ^ | May 18, 2005 | Jonathan B. Wilson

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 ...


TOPICS: Culture/Society; Editorial; Miscellaneous; News/Current Events; US: Massachusetts
KEYWORDS: jonathanbwilson; liability; litigation; massachusetts; negligent; negligentsex; riskybehavior; ruling; sex
So, the next time you find yourself having sex in Massachusetts, be careful not to do anything "wanton or reckless". Is everyone clear on that?
1 posted on 05/18/2005 11:40:24 AM PDT by JBW
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To: JBW

>In summary, however, the plaintiff (male) was injured when the defendant (female) changed her position during the middle of intercourse.

No comment.


2 posted on 05/18/2005 11:41:32 AM PDT by struggle ((The struggle continues))
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To: JBW
...the plaintiff (male) was injured when the defendant (female) changed her position...

Changed her position on what? Paper or plastic?

3 posted on 05/18/2005 11:42:56 AM PDT by 6SJ7
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To: JBW

does that include six-year olds who die from lesbian fisting?


4 posted on 05/18/2005 11:43:57 AM PDT by Republicus2001
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To: JBW

Sex is no fun unles it's wanton and reckless.

What do they want? Carefully planned and choreographed with safety precautions?


5 posted on 05/18/2005 11:45:09 AM PDT by StoneColdGOP ("The Republican Party is the France of politics" - Laz)
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To: StoneColdGOP
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...

6 posted on 05/18/2005 11:49:13 AM PDT by Question_Assumptions
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To: 6SJ7

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!


7 posted on 05/18/2005 11:49:19 AM PDT by jim_g_goldwing (Principled... Always Remain Principled)
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To: JBW
Whatever happened to the Lib mantra. . 'keep your laws of MY body?'. . .Or. . .issuing warnings like 'No Government allowed in my bedroom. . .'

There are of course. . .'horses of a different color'. . .and maybe that explains it. . .

8 posted on 05/18/2005 11:49:51 AM PDT by cricket (.)
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To: JBW

This is the end of gay sex in MA.


9 posted on 05/18/2005 11:51:59 AM PDT by Brilliant
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To: JBW

I'm beginning to think the Massachusetts courts are obsessed with sex. Don't those people have any other issues to deal with?


10 posted on 05/18/2005 11:52:01 AM PDT by hsalaw
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To: StoneColdGOP
What do they want? Carefully planned and choreographed with safety precautions?

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[1] vs. MARY MOE.[2]

[1] A pseudonym.
[2] A pseudonym.

All I can say is OUCH!

11 posted on 05/18/2005 11:52:02 AM PDT by KarlInOhio (Relying on government for your retirement is like playing Russian roulette with an semi auto pistol.)
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To: JBW

I see the court documents says he suffered a "penile fracture". What? A real bone?


12 posted on 05/18/2005 11:53:24 AM PDT by TommyDale
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To: JBW
Okay, show of hands.

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!

13 posted on 05/18/2005 11:54:06 AM PDT by Antonello
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To: Antonello
I not only tracked it back, I also posted a link and made note not to date women pseudonymed Mary Moe.
14 posted on 05/18/2005 11:55:39 AM PDT by KarlInOhio (Relying on government for your retirement is like playing Russian roulette with an semi auto pistol.)
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To: JBW

""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!


15 posted on 05/18/2005 12:05:29 PM PDT by tflabo (Take authority that's ours)
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To: JBW
the plaintiff (male) was injured when the defendant (female) changed her position

He thought she was a Republican, and she suddenly announced she was a Democrat, which caused irreparable harm to the plaintiff.

16 posted on 05/18/2005 12:09:25 PM PDT by Disambiguator
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To: Antonello

Oh, I back tracked immediately.

I love reading about these things in clinical, polite, legalese. My favorite:

"...for purposes of increasing her stimulation.."


17 posted on 05/18/2005 12:09:27 PM PDT by CheapRock
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To: JBW

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!


18 posted on 05/18/2005 12:17:33 PM PDT by pawdoggie
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To: JBW

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?


19 posted on 05/18/2005 12:19:29 PM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: JBW
When a man allows a woman to obtain a dominant position it is not uncommon for something to be broken.

At first I thought they may have been standing up in a hammock while going at it.
20 posted on 05/18/2005 12:19:45 PM PDT by Mind-numbed Robot (Not everything that needs to be done needs to be done by the government.)
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To: StoneColdGOP

"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 ;)


21 posted on 05/18/2005 12:22:31 PM PDT by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: Leatherneck_MT

I sincerely hope this stays confined to Mass. Oh God please...


22 posted on 05/18/2005 12:34:19 PM PDT by the anti-liberal (It's time the left - left!!!)
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To: JBW
Massachusetts Courts Says Persons Can Be Liable for "Reckless" Sex

But they just legalized it a year ago...

23 posted on 05/18/2005 12:39:37 PM PDT by Living Free in NH
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To: JBW

Same issue, different thread, yesterday, was much more fun.


24 posted on 05/18/2005 12:39:37 PM PDT by Big Digger (I)
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To: the anti-liberal

"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.


25 posted on 05/18/2005 12:40:48 PM PDT by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: StoneColdGOP

Perhaps a "seat belt".


26 posted on 05/18/2005 12:41:20 PM PDT by dearolddad
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To: absolootezer0
"...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?"

I know the 4 Rules don't cover this situation explicitly but surely the intent of Rules 2-4 are sufficient.

Tell me this is just an internet rumor (or provide a link, LOL!).
27 posted on 05/18/2005 12:42:59 PM PDT by Gingersnap
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To: JBW
>Massachusetts Courts Says Persons Can Be Liable for "Reckless" Sex

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 . . .

28 posted on 05/18/2005 12:48:57 PM PDT by theFIRMbss
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To: JBW
Massachusetts is defintly into to perveted sex...
They want to SUCK the male and female taxpayers dry..

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..

29 posted on 05/18/2005 12:55:04 PM PDT by hosepipe (This Propaganda has been edited to include not a small amount of Hyperbole..)
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To: JBW

"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 ....


30 posted on 05/18/2005 1:03:45 PM PDT by Casekirchen (If allah is just another name for the Judeo-Christian God, why do the islamics pray to a rock?)
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To: Gingersnap

sorry, took a bit. most of the links had expired.
this one still looks good tho.
http://www.officer.com/news/IBS/wtae/news-2630029.html
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"


31 posted on 05/18/2005 1:38:55 PM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: JBW

"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.


32 posted on 05/18/2005 1:39:02 PM PDT by FeliciaCat (I like my money where I can see it...hanging in my closet.)
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To: KarlInOhio

They took the page down...I keep getting an error message.


33 posted on 05/18/2005 1:49:27 PM PDT by trussell (Prayers for the children!)
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To: JBW

Remember to 'Buckle Up" its not just a good idea
in Massahchooseschits

It's The Law


34 posted on 05/18/2005 1:51:34 PM PDT by joesnuffy (The generation that survived the depression and won WW2 proved poverty does not cause crime)
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To: JBW

"...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!"


35 posted on 05/18/2005 2:02:39 PM PDT by auburntiger
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To: hsalaw

No, they don't.


36 posted on 05/18/2005 2:03:22 PM PDT by auburntiger
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To: Lazamataz

Hear that, Laz? No more wonton sex. Not sure about egg-rolls or moo shoo pork.


37 posted on 05/18/2005 2:07:02 PM PDT by Larry Lucido
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To: trussell

Don't open the page. It'll make you blush.


38 posted on 05/18/2005 2:07:42 PM PDT by auburntiger
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To: StoneColdGOP

Ted Kennedy, Howard Dean, John Kerry and Hillary Clinton = the results of wreckless sex.


39 posted on 05/18/2005 2:08:58 PM PDT by DarthVader (Always ready to educate liberals by beating them profusely about the head with a Louisville Slugger.)
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To: Larry Lucido
Hear that, Laz? No more wonton sex.

I had wonton sex before.

But I'm pretty sure she actually only weighed 1,975 lbs.

40 posted on 05/18/2005 2:10:21 PM PDT by Lazamataz (Not Elected Pope Since 4/19/2005.)
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To: absolootezer0

Gun condoms do have a high failure rate.


41 posted on 05/18/2005 2:11:20 PM PDT by Larry Lucido
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To: Lazamataz

Well, that's safer that Teuton sex, I guess.


42 posted on 05/18/2005 2:12:40 PM PDT by Larry Lucido
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To: struggle
In summary, however, the plaintiff (male) was injured when the defendant (female) changed her position during the middle of intercourse.

She suddenly became anti-abortion...

43 posted on 05/18/2005 2:13:48 PM PDT by thoughtomator (A government-funded artist is an incompetent whore)
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To: auburntiger
You mean like this...Shy Girl
44 posted on 05/18/2005 2:14:41 PM PDT by trussell (Prayers for the children!)
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To: Lazamataz

It was 1,953, and I will thank you to keep that between us. ;)


45 posted on 05/18/2005 2:15:29 PM PDT by Xenalyte (End women's suffrage! Hasn't the country suffered enough?)
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To: Xenalyte
No way. If I had ever had sex with you, I would *NEVER* have uncoupled.

Just in case you changed your mind later.

Would have made office meetings a little more interesting, though.

46 posted on 05/18/2005 2:18:44 PM PDT by Lazamataz (Not Elected Pope Since 4/19/2005.)
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To: Xenalyte

wowzer... you gotta really be moving for this type of injury to occur...


47 posted on 05/18/2005 5:06:02 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: Lazamataz

You ever had eggroll sex?


48 posted on 05/18/2005 7:52:06 PM PDT by gopheraj
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To: Xenalyte; Lazamataz

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!?!?!


49 posted on 05/18/2005 10:07:40 PM PDT by LibertarianInExile (<-- sick of faux-conservatives who want federal government intervention for 'conservative things.')
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To: JBW

There was a thread recently on this. A man ended up with a broken ... um... well...


50 posted on 05/18/2005 10:08:51 PM PDT by expatguy (http://laotze.blogspot.com/)
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