Woman NOT Liable For Fractured Penis During Consensual Sex

[matcom]

<snip>

BOSTON -- A woman isn't legally responsible for injuries her boyfriend suffered while they were having consensual 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 fractured 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 to 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 wasn't "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 doesn't apply to cases where someone has negligently infected a partner with a sexually transmitted disease.

"There are no comprehensive legal rules to regulate consensual sexual behavior," Justice Joseph Trainor wrote. "In the absence of a consensus of community values or customs defining normal consensual conduct, a jury or judge cannot be expected to resolve a claim that certain consensual sexual conduct 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 hasn't been seen before in Massachusetts," he said.

http://www.boston.com/news/odd/articles/2005/05/16/court_rules_woman_not_liable_in_sex_suit/

[demnan]

1. That guy is such a big pussy!

Hey take it like a man, will you?

[Maddy McCall]

2. Not trying to be funny....

How can you fracture something that doesn't have a bone in it? Seriously.

[Debbi801]

3. I was wondering that, too.

[meegbear]

5. Cartlidge ...

The cartlidge opens and blood flows in to solidify it.

[Midlodemocrat]

7. But wouldn't that be called 'torn cartilage' instead of a fracture?

[meegbear]

9. You can break or fracture cartlidge ....

The main problem is for it to heal properly, he would have to be constatnly erect.

I dont care what any man says, having it like that 24/7 would not be awesome.

[Midlodemocrat]

11. Okay that last line is LOL funny.

Thanks, Meegbear for a good laugh.

[kick-ass-bob]

12. I'm feeling faint.

[HEIL PRESIDENT GOD]

13. If there's cartilage in my penis,

It's news to me. Three spongy bodies, skin and a bunch of blood vessels. Either one of the spongy bodies or the urethra is what fractured, I guess.

Ouch!

[Midlodemocrat]

6. Also not trying to be funny, but I was wondering the same thing.

[Maddy McCall]

8. Well, I did a little google, and would you believe that there is an...

actual medical diagnosis?

Check this out:

http://www.emedicine.com/med/topic3415.htm

I learn some of the oddest things at DU. :D

[HEIL PRESIDENT GOD]

14. This is crazy!

In the Western Hemisphere, the injury most commonly occurs during sexual intercourse when the penis slips out of the vagina and strikes the perineum or the pubic symphysis. Other potential causes include industrial accidents, masturbation, gunshot wounds, or any other mechanical trauma that causes forcible breaking of an erect penis.

In Middle Eastern countries, the injury more commonly occurs secondary to penile manipulation to achieve detumescence. Additional rare etiologies include turning over in bed, a direct blow, forced bending, or hastily removing or applying clothing when the penis is erect.

[BR_Parkway]

21. Seems like a good reason to deal with reality and not perform

as though you were larger than life, so to speak.

[Wapsie B]

15. I just read that.

Excuse me while I get an ice pack.

[HEIL PRESIDENT GOD]

17. I have a question

One of the etiologies given is industrial accident. The penis must be erect to fracture. Who becomes erect when operating heavy machinery!?

[joeybee12]

18. Who doesn't? I find operating heavy machinery to be the most erotic

and thrilling thing in the world!!!!

:crazy:

[HEIL PRESIDENT GOD]

19. On a more serious note

What's this about Middle Eastern men engaging in some kind of manipulation to stop their erections (apparently, since this is what "detumescence" means)??

Can anyone enlighten me about this?

[joeybee12]

24. I can't, and I'm not sure I'd like to be enlightened...

...could make me a little uneasy!

[uppityperson]

28. really big clothespin around the base-SNAP!!!?

[0007]

10. I imagine some damage could be done to the base around the pelvic

:shrug:

[Mutley]

4. How does one fracture a penis?

When there is no bone in there? Maybe I don't wanna know.

[valis]

23. Try it: put it in a vice and squeeze... :)

:P

[Mutley]

26. damn!

that hurts me and i don't even have one.

[Zuni]

16. that is awful

[TreasonousBastard]

20. Back when Plato's Retreat was...

around, there were several cases, and possibly some lawsuits, over people accidentally stepping or lying on, and breaking, erect members in the Orgy Room when things got a bit, ummm...., confusing.

Huddled masses of up to a dozen people doing various things to each other were usually when it happened.

[Beetwasher]

22. He Could've Come Up W/ A Better Alias: John Doe? Come On!

How about Dick McCracken?

[HEIL PRESIDENT GOD]

25. Or Rupert Johnson nt

[RedCloud]

27. Wrath of God upon liberal sex!

Come on, fess up.

This didn't happen during the only position available to freepers and their paltry imagination:

The missionary.

Okay it sounded painful. But once I saw an animal sex program on some "science" show, (I'm weird, you know) and a rhino got while things going, so to speak, had only achieved about two feet of arousal and with it scraping against the ground proceeded to run full speed ahead to the female and kapowee! Made me wonder if he was that accurate and what if she had turned a bit...


This all reminds me of some lyrics,

Bend me, shape me, anyway you want to...