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Bondage Death Raises Legal Questions
Associated Press ^ | October 11, 2007 | Unknown

Posted on 10/11/2007 12:57:10 PM PDT by decimon

LYNN, Mass. -- Adrian Exley was wrapped tightly in heavy plastic, then bound with duct tape. A leather hood was put over his head with a thin plastic straw inserted so that he could breathe, and he was shut up in a closet.

That, apparently, was the way Exley liked it. But the way it ended -- with Exley suffocating -- was not what he had in mind when he traveled from Britain for a bondage session with a man he had met through a sadomasochism Web site.

Exley's body was discovered in the woods last year, two months after he was bound up in the bondage "playroom" Gary LeBlanc had built in the basement of his suburban Boston home. LeBlanc, a 48-year-old Gulf Oil sales executive, detailed his responsibility in the fatal bondage session in a five-page suicide note, just before he put a gun to his head and killed himself.

Now the question is: Since Exley consented to the sex play, can LeBlanc be held responsible for his death?

Exley's family is suing LeBlanc's estate for unspecified damages, claiming wrongful death. Many bondage enthusiasts are watching the case closely, seeing it as lesson in where to draw the line of responsibility on consensual but dangerous sex.

"There's definitely the whole spectrum of thought on what really happened - whether it was a consent issue, or negligence or misunderstanding," said Vivienne Kramer, a board member of the New England Leather Alliance. "Everybody has their own ideas on what should have happened."

Exley and LeBlanc met through an online forum for gay men into rubber, leather and bondage. Exley, a 32-year-old stripper, used the screen name "Studpup," while LeBlanc called himself "Rubrman" and built a chamber with rubber mats on the floors and walls, chains, leather restraints, rubber suits and a hospital gurney.

Exley arrived at LeBlanc's house in Lynn in April 2006 after the pair had exchanged e-mails in which they discussed plans for LeBlanc to play the "master" and Exley his "slave," according to the lawsuit.

John Andrews, a lawyer for LeBlanc's estate, said Exley knew the risks going in. "What occurred was an act or actions between two consenting adults, both of whom knew what they were doing, and it had a tragic end," he said.

The lawsuit describes a three-day bondage and discipline session that ended when a third man, Scott Vincent, discovered Exley was not breathing. Exley had been put in a closet while bound in plastic up to his neck and left alone for several hours, according to the lawsuit.

In his suicide note, LeBlanc admitted that Exley at one point had trouble breathing. But he said that after "cooling him down," Exley improved. LeBlanc said that he went to sleep about 3 a.m. but was woken up a few hours later by Vincent, who told him Exley was not breathing and was turning blue and cold.

LeBlanc said he panicked, and he and Vincent drove to Rhode Island, where they buried the body and threw away Exley's clothing and identification.

The Rhode Island medical examiner determined that Exley suffocated. Vincent said in a sworn statement that the straw had fallen out of his mouth in the closet.

Vincent, a flight attendant who is also being sued, is charged with failure to report a death in Rhode Island. But he has not been charged in Massachusetts.

In his note, LeBlanc said he was "responsible for a horrible tragedy," adding: "Had I dealt with the first crisis responsibly, he would likely have returned home safely."

Lawyers for Exley's estate acknowledge that Exley wanted to participate in a bondage session, but say he did not know about LeBlanc's reputation as an "extreme edge player" in the world of bondage and sadomasochism.

"Just because you are agreeing that you will allow someone to tie you up temporarily as part of role-playing doesn't mean that you are consenting to be killed or to be left alone or to be abused," attorney Randy Chapman said.

Several people who came forward after Exley's death told police that LeBlanc had restrained them and left them alone for long periods, or ignored their requests that he curtail a bondage session.

Both actions go against the bondage protocols, which say participants must stop if their partner uses a prearranged "safe word" or "safe signal" and must not leave anyone who is bound alone, said Susan Wright, a spokeswoman for the National Coalition for Sexual Freedom.

Brian Plant, a bondage and sadomasochism practitioner from Kansas, said: "Nobody goes into these things saying, `Oh, well, I'm going to die because of it.' You reach a point when the line is crossed, and it is no longer consensual."

Kathy Jo Cook, a lawyer who specializes in wrongful death cases, said that when you take away the sensational details of the Exley case, the claim being made by Exley's estate is the same made in many other wrongful death cases.

"The law says if a person causes the death of another person by an act which is either negligent or reckless, that person is liable," Cook said. "You have a duty to behave reasonably. I think it's the same thing here, albeit a very strange set of facts."

It was Exley's mother, Maggie Horner, who decided to sue LeBlanc's estate.

"We decided that we didn't want Gary's last wishes being granted when Adrian's couldn't be," she said. "Why should Gary be able to kill my son, bury my son, shoot himself and still get his own way?"


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Massachusetts
KEYWORDS: bdsm; freaky; gays; sadomasochism; sodomites
Figured you guys might want to ask your insurance agents about smothering for losing your straw in a closet.
1 posted on 10/11/2007 12:57:17 PM PDT by decimon
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To: decimon
..You never come out the way you went in.

2 posted on 10/11/2007 1:00:03 PM PDT by I see my hands (_8(|)
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To: decimon

Was it a crazy straw, perchance?


3 posted on 10/11/2007 1:00:27 PM PDT by Slapshot68
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To: Slapshot68
Was it a crazy straw, perchance?

No, it was...I mean, I wouldn't know.

4 posted on 10/11/2007 1:03:24 PM PDT by decimon
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To: decimon

It’s just a lifestyle, don’t ya know.


5 posted on 10/11/2007 1:07:00 PM PDT by Spok
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To: decimon
ON SALE NOW!

London Fag Fog Breathable Rain Suits

6 posted on 10/11/2007 1:08:44 PM PDT by RckyRaCoCo (sing after me......de-por-ta-tion cha-cha-cha)
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To: decimon

>>Adrian Exley was wrapped tightly in heavy plastic... But the way it ended — with Exley suffocating — “

To paraphrase TWIN PEAKS:

He’s dead. Wrapped in plastic...


7 posted on 10/11/2007 1:11:56 PM PDT by raccoonradio
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To: decimon
Being gay is hard work.
8 posted on 10/11/2007 1:13:01 PM PDT by E. Pluribus Unum (Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: decimon

I didn’t realize there was such a thing as a “bondage protocol.”


9 posted on 10/11/2007 1:14:39 PM PDT by 04-Bravo
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To: decimon
Had I dealt with the first crisis responsibly, he would likely have returned home safely."

These sick perverts have no inkling of "responsibility." Had he been responsible he would have sought professional mental help long before the rubber room was constructed.

10 posted on 10/11/2007 1:15:23 PM PDT by ElkGroveDan (Take the wheel, Fred.)
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To: decimon
John Andrews, a lawyer for LeBlanc's estate, said Exley knew the risks going in.

Is this a straw man arguement?

11 posted on 10/11/2007 1:15:40 PM PDT by Tijeras_Slim ("mountainous pomposity and cloying spirituality")
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To: decimon

Now the question is: Since Exley consented to the sex play, can LeBlanc be held responsible for his death?
-
not unless you think that being gay is a choice...


12 posted on 10/11/2007 1:16:21 PM PDT by ari-freedom (I am for traditional moral values, a strong national defense, and free markets.)
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To: decimon

Similar to the case a few years ago in Massachusetts where a dominatrix desposed of a client who didn’t survive a session with her by cutting him up in a bathtub ‘Sopranos style’ and dumping the parts in a land fill.


13 posted on 10/11/2007 1:19:34 PM PDT by AU72
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To: decimon

It things like this that make you wonder if its even worth chewing through the leather straps to get out of bed in the morning.


14 posted on 10/11/2007 1:20:06 PM PDT by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
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To: decimon

I’m disgusted.


15 posted on 10/11/2007 1:21:29 PM PDT by Berlin_Freeper (ETERNAL SHAME on the Treasonous and Immoral Democrats!)
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To: 04-Bravo
I didn’t realize there was such a thing as a “bondage protocol.”

Oh sure. Jason Bourne awakes in a closet and wrapped in duct tape...

16 posted on 10/11/2007 1:21:52 PM PDT by decimon
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To: decimon

Caution: Two man pup tents do NOT come with two men and a puppy. Being a queer is dangerous and can be fatal!


17 posted on 10/11/2007 1:23:08 PM PDT by B4Ranch (( "Freedom is not free, but don't worry the U.S. Marine Corps will pay most of your share." ))
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To: decimon
a three-day bondage and discipline session

Adrian must have been quite the naughty boy.

I can't imagine partaking in a three-day anything session.
18 posted on 10/11/2007 1:23:56 PM PDT by Thrownatbirth (.....when the sidewalks are safe for the little guy.)
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To: AdamSelene235
It things like this that make you wonder if its even worth chewing through the leather straps to get out of bed in the morning.

That's what the ferret is for, silly.

19 posted on 10/11/2007 1:24:39 PM PDT by decimon
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To: 04-Bravo

Palomino! Palomino!


20 posted on 10/11/2007 1:26:12 PM PDT by 6SJ7
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To: I see my hands
So true.

Somebody once told me he interviewed at GE in Lynn, and when he came out of the facility, he found his car had been broken broken into. He wasn't the same...

All of my travels through Lynn were going to/coming from Marblehead for scuba diving.

Now, Marblehead has estates that look like a better setting for dungeons, but, in a closet, with a leather hood, I don't think the view was high on this guy's list of "must haves".

21 posted on 10/11/2007 1:30:07 PM PDT by Calvin Locke
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To: decimon

“Bring out the gimp”- Pulp fiction.


22 posted on 10/11/2007 1:31:07 PM PDT by beltfed308 (Rudy: When you absolutely,positively need a liberal for President.)
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To: B4Ranch

Wasn’t there another death be misadventure the other week? The wife underestimated the amount of alcohol she gave her husband, via an enema, and he OD on it?


23 posted on 10/11/2007 1:33:47 PM PDT by Calvin Locke
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To: Calvin Locke

There was also a very short-lived thread a day or so ago about a minister somewhere in the south who died of autoerotic asphyxiation, dressed in a wetsuit.


24 posted on 10/11/2007 1:40:02 PM PDT by Bubba Ho-Tep
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To: beltfed308
“Bring out the gimp”- Pulp fiction.

Things presumedly did not work out well for those guys, either.

25 posted on 10/11/2007 1:40:09 PM PDT by decimon
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To: I see my hands

Lynn, Lynn
The City of Sin...


26 posted on 10/11/2007 1:47:52 PM PDT by Cali Redneck
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To: Bubba Ho-Tep
One of my favorite exhanges:

"You know, there are worse ways to go, but I can't think of a more undignified way than autoerotic asphyxiation."

"Why are you telling me that?"

"Look, forget I mentioned it. It's none of my business."


27 posted on 10/11/2007 1:51:12 PM PDT by Calvin Locke
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To: Cali Redneck

. . .You never come out the way you came in.


28 posted on 10/11/2007 2:11:23 PM PDT by Oratam
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To: Calvin Locke

>Wasn’t there another death be misadventure the other week? The wife underestimated the amount of alcohol she gave her husband, via an enema, and he OD on it?<

The day my wife tries to pump Crown Royal up my butt is the day I will shoot her.


29 posted on 10/11/2007 2:17:16 PM PDT by B4Ranch (( "Freedom is not free, but don't worry the U.S. Marine Corps will pay most of your share." ))
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To: decimon

Perverted-depraved-vomit-inducing-sick-twisted-queer-gay-bondage-moral-depravity-going-to-hell-in-a-handbasket-S&M ping-a-ling.

Have a nice day!


30 posted on 10/11/2007 2:21:27 PM PDT by HanneyBean
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To: B4Ranch

Hehe. Is that in your pre-nup?


31 posted on 10/11/2007 2:30:19 PM PDT by Calvin Locke
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To: HanneyBean

” Perverted-depraved-vomit-inducing-sick-twisted-queer-gay-bondage-moral-depravity-going-to-hell-in-a-handbasket-S&M ping-a-ling. “

While I agree with you in this particular case , however the overwhelming majority of hetero bondage sessions are perfectly harmless and there is no sexual contact between the participants . And yes , I once had a session with a Japanese dominatrix . Had the time of my life ...It was something I just had to experience ...once .


32 posted on 10/11/2007 3:24:26 PM PDT by sushiman
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To: B4Ranch

I would shoot my husband if he tried that on me. I just don’t understand the thrills these people seek. That S&M stuff gives me the creeps.


33 posted on 10/11/2007 4:01:47 PM PDT by pandoraou812 ( zero tolerance to the will of Allah & Muslims ...... dilligaf? with an efg.....)
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To: pandoraou812

I have often wondered just what it is that makes someone turn out to be a queer. Did momma put their diapers on too tight or drop them on their heads when they were youngsters? Then the ones that are so sick like this bugger, I guess Mom and Dad both took sicko drugs before conception. I’m glad that he’s dead and gone.


34 posted on 10/11/2007 4:10:21 PM PDT by B4Ranch (( "Freedom is not free, but don't worry the U.S. Marine Corps will pay most of your share." ))
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To: B4Ranch
Oh calm down. He wasn't hurting anybody.

Not without negotiating the scene and establishing a safeword, anyway.

35 posted on 10/11/2007 4:14:44 PM PDT by Caesar Soze
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To: B4Ranch
I really don’t have a clue to what makes them tick ...I do know that my hairdresser was gay & he was one of the most unhappiest people I ever knew. All he did was fight with his boyfriend & moan about it. Gay is not the right word to call them IMO. As for the kinky sicko’s , well I think there is a brain malfunction there. I agree they’re better off dead. I don’t think I want to even know what makes these people turn out that way. I just have no understanding of why anyone would want to be bound up & in rubber etc. How could that be a pleasant experience? Shaking my head...
36 posted on 10/11/2007 4:17:59 PM PDT by pandoraou812 ( zero tolerance to the will of Allah & Muslims ...... dilligaf? with an efg.....)
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To: decimon
What is so sexy about being wrapped tightly in heavy plastic, bound with duct tape, having a leather hood put over your head, a thin plastic straw inserted so you could (maybe) breathe, and then being shut up in a closet for hours in the middle of the night? Second, who in their right mind would want to do that to somebody?

Both of these guys should have been put in an asylum where they rightly belong!

37 posted on 10/11/2007 5:02:21 PM PDT by Gritty (Once you put reality up for grabs, all kinds of pathologies suddenly become viable - Mark Steyn)
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To: B4Ranch
The day my wife tries to pump Crown Royal up my butt is the day I will shoot her.

You don't put the good stuff in the enema bag. It's not like you are going to enjoy the flavor.

38 posted on 10/11/2007 5:25:04 PM PDT by SC Swamp Fox (Join our Folding@Home team (Team# 36120) keyword: folding)
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To: stylecouncilor

Gee I sure learned alot in that article.


39 posted on 10/12/2007 7:56:19 AM PDT by windcliff
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