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IN FRATERNAM MEAM
Thursday, May 19, 2005
BAD NEWS FOR WHORNY MEN......
WOMAN ISN'T LIABLE FOR INJURY DURING SEX
Man might appeal court's decision again in 1997 civil lawsuit.

BOSTON -- A woman isn't legally responsible for injuries her boyfriend suffered while they were having sex more than a decade ago, a state appeals court ruled Monday.

The man, identified only as John Doe in court papers, filed suit against the woman in 1997, claiming she was negligent when she suddenly changed positions,landed awkwardly on him and injured his penis.

The man underwent emergency surgery in September 1994, "endured a painful and lengthy recovery" and has suffered from sexual dysfunction that hasn't responded in medication or counseling, the appeals court said.

Although the woman may have exposed her boyfriend to "some risk of harm", the three-judge panel said her conduct during the sexual encounter was'nt "wanton or reckless" and can't support a lawsuit.

The man's lawsuit already has been thrown out by judges in Salem District Court and Essex Superior Court.

The appeals court upheld those rulings while noting that its ruling does'nt apply to cases where some partner with a sexually transmitted disease.

"There are no comprehensive legal rules to regulate consensual sexual behavior", Justice Joseph Trainor wrote. "In the absense of a consensus of community values or customs defining normal consensual conduct, a jury or judge cannot be expected to resolve a claim that is undertaken without reasonable care".

The man's attorney, John Greenwood, said he is likely to appeal Monday's ruling to the state's highest court.

"It's a case that has'nt been seen before in Massachussettes", he said.

Greenwood argued that consensual sex does'nt mean "anything goes...The fact that some behavior was agreed to by the parties does'nt mean all behavior was agreed to by the parties."

(abstracted from CHICSUNTIMES/Associated Press)
posted by infraternam meam @ 3:39 AM  
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Name: infraternam meam
Home: Chicago, United States
About Me: I am now at the prime of my life and have been married for the past 25 years. Sickly at times, but wants to see the elixir vita, so that I will be able to see my grandchildren from my two boys.
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