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Old 05-17-2005, 07:22 AM   #1
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Court Rules Woman Not Liable in Sex Suit

this might spice things up around here

BOSTON - A woman isn't legally responsible for injuries her boyfriend suffered while they were having consensual sex more than a decade ago, a state appeals court ruled Monday.

The man, identified only as John Doe in court papers, filed suit against the woman in 1997, claiming she was negligent when she suddenly changed positions, landed awkwardly on him and fractured his penis.

The man underwent emergency surgery in September 1994, "endured a painful and lengthy recovery" and has suffered from sexual dysfunction that hasn't responded to medication or counseling, the appeals court said.

Although the woman may have exposed her boyfriend to "some risk of harm," the three-judge panel said her conduct during the sexual encounter wasn't "wanton or reckless" and can't support a lawsuit.

The man's lawsuit already has been thrown out by judges in Salem District Court and Essex Superior Court.

The appeals court upheld those rulings while noting that its ruling doesn't apply to cases where someone has negligently infected a partner with a sexually transmitted disease.

"There are no comprehensive legal rules to regulate consensual sexual behavior," Justice Joseph Trainor wrote. "In the absence of a consensus of community values or customs defining normal consensual conduct, a jury or judge cannot be expected to resolve a claim that certain consensual sexual conduct is undertaken without reasonable care."

The man's attorney, John Greenwood, said he is likely to appeal Monday's ruling to the state's highest court.

"It's a case that hasn't been seen before in Massachusetts," he said.

Greenwood argued that consensual sex doesn't mean "anything goes. ... The fact that some behavior was agreed to by the parties doesn't mean all behavior was agreed to by the parties."

The woman's attorney didn't immediately return a telephone call Monday.
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Old 05-17-2005, 08:04 AM   #2
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crys

penis fracture =
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Old 05-17-2005, 08:13 AM   #3
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Changing positions
Penis fracture
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Old 05-17-2005, 08:23 AM   #4
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^ lol
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Old 05-17-2005, 08:29 AM   #5
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She must have been some kind of wild woman!
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Old 05-17-2005, 08:30 AM   #6
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I think I just heard a collective cringe from the male FYMers, lol.

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Old 05-17-2005, 09:08 AM   #7
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I think that covers all my reactions to a fractured penis!
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Old 05-17-2005, 09:30 AM   #8
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Was there some allegation of intent or that the woman "should have known" there was a risk of 'penis fracture"?
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Old 05-17-2005, 09:31 AM   #9
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Quote:
Originally posted by nbcrusader
Was there some allegation of intent or that the woman "should have known" there was a risk of 'penis fracture"?
the 'reasonable woman' test for negligently handling (man handling?) a penis?

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Old 05-17-2005, 09:36 AM   #10
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I think I'm going to print this article and show it to my next girlfriend.
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Old 05-17-2005, 07:38 PM   #11
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The power we have to strike fear in men's souls. And you were just worried about sharp teeth.
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Old 05-17-2005, 08:01 PM   #12
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Re: Court Rules Woman Not Liable in Sex Suit

Quote:
Originally posted by MrsSpringsteen
"There are no comprehensive legal rules to regulate consensual sexual behavior," Justice Joseph Trainor wrote.
fractured penises

wanton sex
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Old 05-17-2005, 09:01 PM   #13
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Re: Court Rules Woman Not Liable in Sex Suit

Quote:
Originally posted by MrsSpringsteen
claiming she was negligent when she suddenly changed positions, landed awkwardly on him and fractured his penis.


I know this woman

she almost got me 8 different times

but I was too quick for her.
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Old 05-17-2005, 09:22 PM   #14
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this story hits a little too close to home
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Old 05-17-2005, 09:31 PM   #15
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"Fractured" penis? Gives new meaning to the word "boner".
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