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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
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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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