Legal advice on being given total control

A contract signed by Mistress and Sub, legally verified,should remove any worries

 

A contract signed by Mistress and Sub, legally verified,should remove any worries


In Yorkshire it's also called Marriage Lines.

 

I'm strongly doubtful that a "mistress and sub contract" would be legally binding. For legal advice, you should consult a legal expert (I'm not one). Otherwise, take whatever you're told with a huge sack of salt.

 

Legal control would be power of attorney.

Otherwise he could just say you hacked his computer and made up a contract/emails/whatever by yourself.

 

I've found myself faced with the same dilemma.
I didn't take advantage, not for legal reasons, but I did look into it and my lawyer advised against. He said , as I'd expected, that it would be dangerous ground.

 

I have also had a similar situation with a charming Irish subbie who pleaded with me to take over his bank account. I declined and would certainly advise against it. I dread to think of the implications that might arise if the relationship suddenly went sour.

 

Even with a POA you must act in the best interests of the person you hold it for or be liable to prosecution.

I know that various FinDommes say that they are protected by contracts when it comes to blackmail. I'm not a lawyer but I seriously doubt that this is the case, though I'm sure that in different jurisdictions there would be different criteria regarding where the line is. I believe that the US might put more weight in to a signed contract. In the UK a signed contract giving consent is liable to not be worth the paper it is written on if one of the parties decided they were a victim of anything ranging from theft and fraud to blackmail.

As the famous Spanner case proved, consent in BDSM does not stop the authorities from prosecuting and jailing people who not only consented but never complained about the acts performed.

Having said that, I don't think I've yet heard of such a case reaching court. I've no doubt it's only a matter of time and I'd be fascinated about the case law created by the ruling. There are plenty of cases where solicitors or agents, for example, have been convicted of stealing from clients for whom they hold various levels of authority to act for the client. I'm not sure that the points of law here are any different to what would be used to prosecute in a FinDomme case.

Final analysis - ask a lawyer.

 

An inexperienced submissive who (finally) finds himself in the company of an understanding and empathetic woman will usually respond with all the joy of a kid in a sweet shop. Testosterone and denial is a very heady mix and can create immense vulnerability.

A detailed and heartfelt 'contract' composed between the two parties sometimes helps regulate expectations and assumptions, but its value has no legal status and should exist only as a private statement of intent between the people concerned.

I'd only add that newbie Dominants should remember that enslavement and denial create genuine and sometimes overwhelming emotions for a committed submissive.

Tread carefully and always in a condition of mutual respect.

G.

 

I do wonder where the power actually resides with a FinDomme ? Rather than questioning the legality of the contract all one would need to do is inform the Inland Revenue (IRS in the USA). My guess is that 99% of fin dommes are not declaring the income and paying tax on it.

The threat of causing a tax audit and large tax bill would change things.

 

Well of course some men like the fantasy of having their wallet raped by a cold imperious ice queen... I'm sure the reality is something of a cold water shock.

There will always be women/men who are themselves desperate enough to exploit such needs.

My experience of genuinely dominant women is that many have a deeply nourishing, almost maternal, desire to oversee and guide the men who adore them. Safe sane and consensual or nothing at all, in my book.

Most respectfully,

G.

 

I think this was tested in the states a top gave his/her sub a severe flogging and they got fed up with the situation and went to the police with the evidence plane to see. The out come was a prosecution not withstanding the signed contract.
Xx Wendy

 

As I've said, I'm not a lawyer, but I doubt any contract that basically contains a hint of slavery, implied or consensual, will not be considered legal and valid. Good stuff for wank fodder, but not in real life.

 

Mmm, I think what I meant to say was "I doubt any contract that basically contains a hint of slavery, implied or consensual, will be considered legal and valid." Since slavery is illegal in most places, you can't write it into a contract for either party.

 

From my understanding of contract law (enough schooling to understand, but far from a legal opinion) is, to quote Billus, " Good stuff for wank fodder, but not in real life." In that, under USA legal precedents, a Domme would have an extremely difficult time defending any action if the submissive claimed the contract was signed under duress. Not saying its impossible to defend, but the odds would be so far against it as to be comparable to picking who will win the US presedential election in 2060 today.

A smart Domme knows to keep the well being of the sub in mind at all times, and to always ensure they too are protected. Financial welfare is a realm that should only be trod in the most intimate and trusting relationships. I have no love for those who take advantage of people, there is a difference between fantasy and reality, fulfilling a longing or need and harming someone.

 

Thanks! This only emphasis the need for all to be on the lookout for gold diggers in here on CM. A weak bewildered sub is easy meat for a cynical dome, or fake dome... Please keep and eye on the "off you go" thread...

 

Indeed when you are looking for generous subs !!

Xx Wendy

 

Rinsing is the term used, or so I believe.

 

That sounds very similar to the situation I found myself in. It just crept up on me. I think unless you're entirely unscrupulous and uncaring then you will never feel at ease with it. If you do feel at ease then look out "There's no such thing as a free lunch" !

 

... and may I add: You have an obligation - as a less bewildered human being - at least to try - to kick such a submissive character back into reality, - back to where they start taking responsibility for their own life...

You will not be there for eternity to look out for him..... so don't even consider to take charge of all aspects of a subs life... It is a fantasy with dreadful potential downfalls. To me the same can be said about cuckoldry, but that is another story...;-)