5.18.2005

still no cause of action for negligent intercourse

Massachusetts, a highly enlightened state in some ways, continues to hold the line on freedom of sexuality.

This just in:

"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."

Click here for the rest of the story.

Extensive research suggests that Washington state does not recognize this cause of action either, the legislature being more concerned with weightier matters, such as goat theft, infra.

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