Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first 1-2021-4041-50 next last
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
[ Post Reply | Private Reply | View Replies]

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))
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 5 | View Replies]

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)
[ Post Reply | Private Reply | To 3 | View Replies]

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 (.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JBW

This is the end of gay sex in MA.


9 posted on 05/18/2005 11:51:59 AM PDT by Brilliant
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 5 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 13 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 13 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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")
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-50 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson