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50 Shades of Grey and Kentucky Law

50 Shades of Grey is the most wildly popular book and now movie in years, and perhaps ever. Why would a divorce law blog post be written in response to this success?  In short, the question I've been asking myself is whether a non-disclosure and consent contract would hold up in court. Interesting question.  You can consent to a boxing match, however it must be sanctioned by a regulatory authority.  Can you consent to illegal acts?  No.  Can you consent to assault?  Hmmmm, probably not.  There is no "consent" language in the definition of assault.

508.010 Assault in the first degree. (1) A person is guilty of assault in the first degree when: (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; Assault is a Class B felony.

Can you consent to sodomy?  Kentucky law makes clear that any consent must be signed between adults over the age of 18 years.  There are various ages of consent depending on the age of the "defendant" and the age of the "victim."  I put the words in quotes because it is obvious that by signing the contract they are consenting, however under criminal law the terms fit.

Kentucky law criminalizes intercourse between two gay persons:  KRS 510.100 Sodomy in the fourth degree. (1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex. (2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of consent of the other person be an element of this offense. (3) Sodomy in the fourth degree is a Class A misdemeanor.
510.010 Definitions for chapter. The following definitions apply in this chapter unless the context otherwise requires: (1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person. "Deviate sexual intercourse" does not include penetration of the anus by a foreign object in the course of the performance of generally recognized health-care practices;

Another concern is if you engage in this type of risky sexual behavior that your partner may file for an EPO/DVO, domestic violence order or that criminal charges may be forthcoming.  While it may appear initially defensible, suppose that the partner might tell the police that they used the safe word and you do not.  This then may become a case of "he said/she said" similar to a date rape.  By engaging in BDSM you are placing yourself in a perilous position where you may be exploited or criminally charged. I must admit that while I have drafted prenuptial agreements, anti-nuptial agreements, and non-disclosure agreements, I have never drafted a sex agreement between consenting adults such as that proposed by Christian Grey in 50 Shades.  Here is the text link. If you have questions or you have been charged with EPO/DVO or a crime, contact Michael Bouldin at 859-581-6453 or email at [email protected]  Bouldin Law Firm handles cases of family law and criminal law.  

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