By Brian Flaherty Over the past few decades, the number of federal criminal laws has grown dramatically. Crimes which used to be prosecuted in the states have been adopted – co-opted – by the federal code. For example, in 1994 the U.S. Congress passed the Violence against Women Act, among other things federalizing laws against [...]
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Consent as a Defense: a suggested course of action (for Massachusetts)
January 14, 2011
By Brian Flaherty
Over the past several months I’ve written quite a bit about consent as a defense to BDSM – actually, I’ve written about how consent is NOT a defense to BDSM (there’s a recap buried here
The law: unenforced, and (un)civil.
January 1, 2011
By Brian Flaherty
Unless you’ve been asleep for the past month, you’ve noticed that the military’s ludicrous “don’t ask, don’t tell” policy has finally been repealed. This repeal has been the topic of many a heated discussion lately – though the heat hasn’t been what you’d anticipate
Abuse, Pornography, and the Ed Bagley Debacle
November 15, 2010
By Brian Flaherty
On September 7, 2010, the Western District of Missouri issued an indictment Bagley Sr. (“Master Ed”) and three other men, alleging that they kidnapped a young woman and imprisoned her for a period of five years, during which they subjected her to extreme sexual and physical abuse.
Wait…
October 1, 2010
by Brian Flaherty
But it is about sex… a brief digression.
A while back I was browsing the Vancouver Sun, & I came across the following headline: Polyamorists want court to declare group love legal. Wait, what?! Not polygamists, but polyamorists.
Record-keeping for Sexually Explicit Images
September 10, 2010
by Brian Flaherty
The government has a legitimate interest in curbing traffic in child pornography – of this there is no question. However, as is too often the case, the laws enacted to fight a real problem are entirely ineffective against it, yet manage harm to a population entirely innocent of wrongdoing.
Who are you Going to Call?
August 29, 2010
by Brian Flaherty
If I had my way, the only place Kink and Law would intersect would be in the playroom, and then only after some negotiation. I mean… who doesn’t appreciate a good private-interrogation, salacious-arrest or barter-for-prison-privileges scene? I picture a leather-clad cop, reflective sunglasses, meticulously strapped with an oversized… but I digress.




October 11, 2011
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