Quote:
Originally Posted by Krunkman
But, just as an FYI, it is illegal in Texas to waive your rights to be physically assaulted. So a DA who is gunning for you CAN actually charge you with battery for flogging someone consensually... though I don't think I've ever heard of them doing so. It's not like they don't have better things to do.
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Maybe a lawyer could answer better, but I did find consent as a defense in the code. I doubt any prosecutor would get very far. The client would have a reasonable expectation of what might happen. If the session gets out of hand they may have a case. But it seems that pursuing doms wouldn't be worth their time because they would have a solid defense.
§ 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if: (1) the conduct did not threaten or inflict serious bodily injury; or (2) the victim knew the conduct was a risk of: (A) his occupation; (B) recognized medical treatment; or (C) a scientific experiment conducted by recognized methods. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.