Friday, May 6, 2011

Legal Issues - overmistress

Numerous court cases in a range of countries have demonstrated how delicate and difficult the legal status of consensual slavery can be. Legally speaking *consent* is not always a clear-cut matter. Even where somewhere gives clear verbal consent to something it might be legally invalid if they can be shown to be speaking under duress or to have been subject to manipulation. Further, several cases have made it very clear that there are limits to consent - you cannot consent to surrender rights which, by law, are deemed inalienable.

A consensual slave, therefore, can never be recognized as "slave" in law. From a legal viewpoint consensual slavery can only ever be of the nature of a "game" and of "make believe" because real slavery is illegal. In reality, it is illegal to hold someone as a captive and slave, and it is especially so if one does this in order to use the slave for sexual purposes. Anyone at all involved in consensual slave play should understand this fact, and note it well. Judges and juries are merciless when the words "sex slave" are mentioned. This is why consent and legality are emphasized in Code d' Odalisque. Consent. Legality. Safety. These are guiding principles in all aspects of the Code.

The Code itself is quasi-legal and sets out important rules and regulations which are designed to keep the enjoyment of willing odalisques within a proper legal framework.Some people in the BDSM community have an overly casual attitude to legal issues. It is foolhardy to engage in slave play without set rules and a very careful consideration of matters of consent. This is not crucial where people are only engaging in occasional fantasy slave games, but some people want to adopt a Master/slave relationship as a lifestyle. That is when due care is necessary - it is important to establish consent and to stay within legal limits. Needless to say, no one under legal age should be involved in any way. The slave's limits should be clearly defined and respected at all times.

Code d' Odalisque also provides for the institution of Overmistress as a device to ensure consent, legality and safety. An odalisque may have an Overmistress - another woman, acting independent of the Slavekeeper, who keeps an eye on the welfare of the slave. The Code is pro-social. It is isolated rogues who cause problems. The Code advocates "triangulation". When play gets serious, introduce a third player. An odalisque has the right to independent supervision. An Overmistress has the right to have access to the slave to check on her and look out for her at all times. An odalisque's consent can be confirmed through her Overmistress. A slave should be able to turn to her Overmistress for support and to report to her any violations of her limits or any troubles she may be having. Slaves are submissive. By nature, they are easily manipulated. A slave needs an Overmistress as someone who can be forthright and assertive and act on her behalf and stand up for her interests.

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