Doe v. Moe: There is No Negligent Sexual Intercourse in Boston

Submitted by Mark Esposito, Guest Blogger

A Massachusetts appeals court has let the sexually adventurous breathe a sigh of relief.  When confronted with a man, discretely called  “John Doe,” who alleged rather forcefully that his penis had been “fractured” by a particularly vigorous night of love-making, the Court accorded no relief. Doe alleged that his partner, Mary Moe (a pseudonym, I hope), had negligently engaged in sexual intercourse with him thereby fracturing his privates and rendering him “procreatively” dysfunctional. Damages for the injury were claimed of Ms. Moe, who defended saying basically, “you knew the job was dangerous when you took it.” A Boston Superior Court judge was having none of it, ruling that boyfriend-girlfriend relations were not the subject of a suit for damages because the act was consensual and thus the risk was assumed. No word on the exact “act” complained of by Doe. An appeals court agreed, but the wise judges there did leave in one caveat: there may be cases where the acts of one of the partners was so reckless as to exceed consent of the other, and damages would then be appropriate. Lorena Bobbitt comes to mind.

Source: UPI

~Mark Esposito, Guest Blogger

30 thoughts on “Doe v. Moe: There is No Negligent Sexual Intercourse in Boston”

  1. “It boils down to whether Doe’s unusual malady…”

    Whelp, any “lady” that would do that to her guy is defintiely a mal-lady..

  2. Two random thoughts:

    1. The medical diagnosis is indeed referred to as a “fracture” even though it is more accurately a sprain. Unfortunately, over the years, we’ve dutifully allowed physicians to speak to us as thought we are all mentally challenged. And thus they refer to any manner of conditions in goofy baby-speak, i.e. “heartburn, strokes, restless leg and tumescent fractures.”

    2. Regretfully, this fool for fractious fornicating will in all likelihood heal, and go on to spread still more of that terrific DNA into the next millennium.

  3. Rufus Johnson:

    One thing this article did answer for me though,is I found out what this meant:

  4. eniobob:

    I bet you thought about it in your younger days. I know I did. Never put the thought into action though. Now I see why.

  5. LK:

    From your link.

    “Ouch! Can You Really Break Your Penis?

    The penile condition recently featured on the TV medical drama Grey’s Anatomy is real and, sorry guys (and girls), not uncommon

    By Coco Ballantyne | January 23, 2009 | 60 ”

    “What exactly is broken penis syndrome?”

    “What are the signs of penile fracture?”

    “How exactly does penile fracture happen?

    “We had this patient who suffered penile fracture after running across the room and trying to penetrate his wife with a flying leap. ”

    Sounds about right to me.

  6. Rufus Johnson:

    Like I said I was sitting here watching the Eagles destroy the Giants.

    “I guess I over reacted, but I have a son about his age. I guess I was just thinking about his mother and father.”

    I can understand that.

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