Court Rules Woman Not Liable in Sex Suit

A woman isn't legally responsible for injuries her boyfriend suffered while they were having consensual sex, a state appeals court ruled this week.

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 two others. 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 the ruling to the state's highest court. He 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".

So there you go, a condom may not be the only thing you need for safe sex.

 � Copyright 2004-2015 The News Vault. All rights reserved.