Uncategorized

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. eniobob:

    Colts are doing the same to Jacksonville. Collie walked off the field. So it looks like another concussion. That boy maybe ought to think about some other line of work. Next time he might not be so lucky.

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

  3. Rufus Johnson:

    I’ll keep my eye out for that,I’m watching the Giants destroy the Eagles,they may have showed that Collie play while I was on one of my bathroom runs.

  5. I never thought I would ever say this but I think Football needs to go. I just watched Austin Collie of the Colts get his neck broken (at least it looks that way to me). I hope he is ok.

    I love that game but the players are too strong and fast now.

  7. “…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”.

    Bdaman brought up the Assange case. I read this morning that one of the allegations against Assange is his insistence on unprotected sex with the two women despite their objections (refusal?).

  8. Mr. Doe was quoted as saying that his penis held high respect for him and always looked up to him for advice. Unfortunately after it became fractured all he does now is look at his shoes.

  9. All kidding aside, I disagree with the Court’s decision. There are many consensual acts to which liability attaches even though some danger could be involved. How about riding in another’s car, or even coming to dinner at another’s home? Would negligent drivers or negligent property owners be accorded similar protection from their mis-deeds because we assumed the risk of their behavior? It boils down to whether Doe’s unusual malady is foreseeable given the circumstances. Is it like the NFL where injury is common place and expected? In my, albeit limited experience, ahem, it isn’t, and thus should be actionable. Looks like another vestige of Puritan sexual attitudes –it’s bad, you know — being masqueraded about as law.

  11. “BBB 1, December 19, 2010 at 11:08 am

    Will Evel Knievel return from the grave for one more ride? :)”

    “But with caution,LOL!!”

  13. Rufus Johnson:

    “I imagine she is going to be quite popular from now on.”
    But with caution,LOL!!

  14. I did wonder about the fracture part. Ms. Moe should be showing up on the talk show circuit any day now. I want to see her explain what happened on Oprah. Now that would be fun!

  15. Lawyers cry foul over leak of Julian Assange sex-case papers

    ncriminating police files were published in the British newspaper that has used him as its source for hundreds of leaked US embassy cables.

    In a move that surprised many of Mr Assange’s closest supporters on Saturday, The Guardian newspaper published previously unseen police documents that accused Mr Assange in graphic detail of sexually assaulting two Swedish women. One witness is said to have stated: “Not only had it been the world’s worst screw, it had also been violent.”

    http://www.theaustralian.com.au/news/world/lawyers-cry-foul-over-leak-of-julian-assange-sex-case-papers/story-e6frg6so-1225973548657

  16. eniobob:

    I was also curious as to what her address is.

    I imagine she is going to be quite popular from now on.

    BBB:

    that was very funny.

  18. 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.

    I think being hi, drunk, abusive and passed out on the couch does not equate to consent in Texas…..at least not for a woman to do this to a male……

    While it was a good measure and not without provocation…that she did what she did….I am sorry that they were able to do what she undid…..

  20. ““fractured” ?

    “A fracture is the (local) separation of an object or material into two, or more, pieces under the action of stress”

    wow,ms moe your joe is pretty powerful

Comments are closed.