Court Rules Woman Isn't Liable for Injuring Boyfriend During Sex
Michael Kunzelman
The Associated Press
05-18-2005


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.

Greenwood argued that consensual sex doesn't mean "anything goes. ... The fact that some behavior was agreed to by the parties doesn't mean all behavior was agreed to by the parties."

The woman's attorney didn't immediately return a telephone call Monday.

The District Court judge who threw out the case said he was reluctant to "expand the reach of tort law further into the bedrooms" of Massachusetts. He also noted the Legislature is free to clear up any legal ambiguities by passing a law defining negligent sexual intercourse.

The appeals court's judges ruled against the man on slightly different grounds than the lower courts. They said the woman didn't owe her boyfriend a "duty of reasonable care" during consensual sex. And they didn't find any evidence she knew her conduct was likely to harm him.

"Here, the undisputed facts demonstrate that the defendant did not think about possible injury to the plaintiff when she changed her position," they wrote.

Copyright 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

and i know for a fact that she posts here at the Org too.

testicleman said:

Ok, um I didnt know you could actually fracture your penis

minneapolisgenius said:

i can't believe you had the nerve to post on this thread!



ladies and gentleman...introducing...

testicleman said:

I was about to say the same for you, "John Doe".

minneapolisgenius said:

testicleman said:

That's why you're called testicleman, because that's all you have left.

minneapolisgenius said:

Jon Doe
I should have known

testicleman said:

ella731 said:

It's not the same as a bone fracture of course. Want me to google some pics?

JoeyMFinCoco said:

um, think we will get in trouble?

ella731 said:

Penis Fracture

A Penis Fracture is an injury caused by the rupture of the male corpus cavernosum (pair of a sponge-like regions of erectile tissue that contain most of the blood in the male penis during erection).. It is an uncommon injury, most often caused by a blunt force trauma to an erect penis. One typical way that this can occur is during intercourse, the penis may inpact against the female pelvic bone and bend laterally, causing the rupture,
Symptoms of Penis Fracture

* Immediate loss of erection
* Pain
* Bruising
* A cracking noise
* Bleeding from the urethra


Treatment of Penis Fracture

Advice should be sought quickly. Key elements in treating a fractured penis are:

* pain relief
* ice packs (always cover with a cloth before applying to skin)
* support
* anti-inflammatory drugs.

This regime has satisfactory results in about 80 per cent of patients but in the rest, residual pain and deformity may lead to difficulty with sex. These patients need a urethrogram (a test that shows whether the urethral tube is intact) to exclude urethral damage. If the urethra is not damaged, any collection of blood (haematoma) is drained and repair is carried out to the damaged corpora and tunica. One report of a series of 17 repairs showed that after surgery all patients had painless erections and comfortable sex; only two patients were left with angulation ('bent' penis). Urethral injuries should always be repaired but urethral stricture (narrowing) occurs long term in up to 20 per cent of men after surgery.

..and here's what it looks like:
http://www.docnotes.net/i...acture.jpg NSFW

analbolique said:

analbolique said:

ouch.

ThePenis



TheVictim

analbolique said:

why oh why did I have to check that out
whilst I'm sitting here with a big bowl
of ravioli?

IstenSzek said:

that poor penis, what the hell kind of sex olympics were they doing to cause that kind of damage

PANDURITO said:

you BASTARD!!!

testicleman said:

@ this whole thread

especially the bit about the cracking noise