law of dominatrixing?

February 8, 2006 9:43 AM

what's the law surrounding dominatrix businesses?

the short of it is that a friend is seriously considering a business where where people would pay to submit to dominatrix style acts. absolutely no sexual acts would be involved.

what's the law (in MA or otherwise) about this, beyond the obvious such as a consent form?

i'm also in law school and this sparked my intellectual curiousity since we don't exactly have a class on this offered here at school... the only thing off the top of my head was 18 USC 2257.

disclaimer: i did, of course, tell her that she should consult a real attorney.

posted by anonymous to law & government (7 comments total)

I think the absolutely no sexual acts would be involved part covers most of it, but then IANAL either.
posted by alms at 10:06 AM on February 8, 2006

I would wonder about liability in case a client keels over with a coronary. Perhaps form an LLC or the like.
posted by exogenous at 10:33 AM on February 8, 2006

Perhaps contact a local pro-dom in the area where your friend wants to set up business?

Mistress Matisse, a Seattle pro-dom, has written a column about all aspects of the business for years. I believe her columns are archived on her site (Google her name; I'm at work) or on The Stranger's website. Or your friend could contact her directly via her website.
posted by luneray at 10:51 AM on February 8, 2006

Laws definitely vary state to state, and enforcement varies even more widely. In NY, as long as the site is zoned properly and is drug-free, cops don't usually bother busting domme houses. Certain acts may violate health codes, though, and if the cops are looking to crack down, they'll go for any infraction they can. Please check state and local laws carefully, though.

If your friend is considering starting this as an independent business and has never done it before, I would recommend instead that she work with an established house before going out on her own.
posted by Uccellina at 11:12 AM on February 8, 2006

Well, here in Indianapolis, the mayor seems to want them gone.
posted by Thorzdad at 11:39 AM on February 8, 2006

Even if your client dies and you dismember him and bury his parts up in Maine and confess to it all you're still safe in Mass.
posted by bondcliff at 11:47 AM on February 8, 2006

First and most importantly, your friend absolutely wants to talk to the National Coalition For Sexual Freedom . This is exactly the sort of question they answer and they even have folks in their organization who are members of the BDSM community and/or do outreach to them. I know an NCSF guy based in Atlanta, a former cop who goes around to various BDSM groups giving talks on what kinky people should do when dealing with the police. If you talk to the NCSF but don't find out what you need to know, email me (my email is in my profile) and I'll put you in touch with my friend. I'm sure he'll be glad to talk to you or to your friend.

Now, here's what I know:

In general, you're not going to find laws set up specifically to deal with pro dommes. Law enforcement always ends up trying to apply zoning ordinances, anti-porn laws, statutes designed to deal with prostitution or wife beating, etc. This is both a blessing and a curse. A blessing because, obviously, it's a lot easier to argue that pro-domming isn't prostitution than it is to argue that prostitution isn't prostitution. A curse because you never know which law or regulation is going to be thrown at you. People who hate our freedoms (yeah, I said it) will sometimes get pretty creative.

Second, taking "sexual acts" completely off the table is, from everything I've heard or read on the subject, definitely a good place to start. Most pro-dommes either have no sexual contact with their clients or do that sort of thing only with the ones they know well and trust. But what precisely constitutes a "sexual act" in your friend's locality? The answer to that question might not be simple. Your friend - or perhaps your friend's lawyer - should find out for sure.

Third, one of the crimes for which BDSM folks are sometimes arrested is assault. Indeed, in England there was a case - known as the Spanner case - where a gay male bdsm club was raided and all the tops were charged with assault and all the bottoms with being accomplices to the assault. Now, I don't think it's ever gotten quite that nuts here in the states, but you can ask the NCSF just what your friend should do to protect herself from this sort of charge.

Fourth, generally speaking, if the local authorities want to shut you down, they'll find a way to do it. About half an hour ago, I got an email about a pro domme in South Carolina who was arrested. According to her, the cops first wanted to arrest her for kiddy porn, using as proof a photo she had of some hairless testicles. So she got the owner of the testicles on the phone and confirmed that he wasn't a child. The police arrested her anyway and when she asked them what the charge was now, they replied (according to her), that they would think of one. Eventually, they charged her with "operating a business without a license" and "promoting obscenity."

There are plenty of other examples out there of authorities harassing pro dommes, kinky organizations, etc. I know a woman who lost custody of her children because of her bdsm activities. Of course, she lives in Alabama and the case I cited above happened in South Carolina and neither of these places is Massachusetts. But still; your friend should have an overall feel for the political situation where she lives.

That's about all I can think of at the moment that hasn't already been said by others. I feel pretty sure I'm leaving something out. You'll probably get what you need from the NCSF or elsewhere, but if not, please feel free to contact me. I'll do what I can to help.
posted by Clay201 at 1:05 PM on February 8, 2006