Quote Originally Posted by Ayla Silver
I don't think that there's that much difference between the two cases. Both deal with the question of abuse and both accused parties stated that the activity was consensual. While there is a change in settings, the main ideas remain the same.

What the company did was wrong, but I doubt the jury should have rewarded the victim the amount that they did. It allows her to "manipulate the system".
But the jury wasn't rewarding the victim, they were punishing the company for doing something so stupid. Also, the parties in the two situations were in what we call disparate bargaining positions. In legal land, husband and wife start in equal bargaining positions, so we can accept that a wife's consent to a spanking was freely given. An employee at a retreat is not in an equal bargaining position with the employer. There is all sorts of subtle pressure on the employee to comply with the employer's request, so there are some things we simply should not allow an employee to consent to either at all or without making sure all sorts of safeguards are in place. I have to agree with Oz that the two cases are entirely different.

fantassy

I'm tellin' ya - Oz knows all.