Yesterday I came across a post from a account I followed arguing that strangulation fetish, wich I think it’s normally associated with BDSM kinks, should be considered attempted murderer. What do you guys think?
I don’t think their talking about a “strangulation fetish” per SE, but more strangulation as it may be done during domestic battery. I would be surprised if they took “strangulation fetishes” into account when making that post - hell, I would be surprised if they knew what a strangulation fetish was.
Of course not. An attempt, by definition, is a sincere try. In S&M, the masochist is generally tied down. Therefore, if it was the sadist’s sincere attempt to kill them, they would have already done so.
At first I thought it was about that too, but other posts by the person and the replies/ comments indicated that she was also talking about the fetish. However I will remove her post from the topic, because in fact you can’t be sure
I see, well if she is talking about the fetish when she says that, I would say she has a particularly poor grasp of words and their meaning, and she should work to rectify that before ignorantly demonizing people’s sex acts.
A fetish is not an act, but just means that you can be aroused by something specific. Therefore it can’t be a crime, unless we outlaw thoughts and feelings.
But even acting it out – if it’s with a consenting partner in a safe environment (which should be the basis for any sexual interaction) – is not the same as murder.
UK and USA Law is founded on the principle of a criminal act having 2 elements: ‘actus reus’ [the criminal act] and ‘mens rea’ [the criminal intent].
However, the intent is not always valid, as for instance in negligence or where it might be reasonably expected that the outcome could have been a natural consequence of the act.
So in this sense she may have a point, but in practice it would be hard to prove; being that they could probably show the number of deaths occurring as a result of this fetish is statistically quite low.