If a couple is into very kinky, consensual, though arguably violent s*x...?

Question

And the man accidentally uses too much force resulting in the woman's face being bashed in, resulting in a tripod fracture, left orbital blowout fracture, sub-galeal haematoma, comminuted fracture of the nasal bone in addition to extensive peri-orbital swelling about the left eye, (no intra- nor extra-axial intracranial hemorrhage) but the woman concedes that this was purely an accident which transpired during consensual kinky s*x and declines to press charges, can the man be arrested for anything in most US jurisdictions if there is no evidence that this was the result of anything other than unusually violent though entirely consensual sexual behaviour?

*Advice from normal (not Feminist) legal experts is most appreciated.

Answer 1

If it was consensual, I believe so.  

Answer 2

There are cases of domestic violence where the victim (woman or man) refuses to press charges and/or claims that it was an accident. In most states there are no charges filed unless there is some part of the incident that the police or authorities can pin on the abuser (disturbing the peace, resisting arrest, etc.). If I had to take a guess, this sort of thing would play out in much the same way. The authorities can't do anything about it unless the woman agrees to testify against the man.  Only in cases that involve children can the state charge someone without a direct testimony proving abuse. That being said, it kind of creeps me out that you're being so detailed in your description of this case. I really hope that this didn't really happen...  

Answer 3

The thing is, you'll have to prove it was consensual. And only she could give that kind of testimony. If she does, then they'll change it from assault to a lesser charge. (you'll still be charged with something)

Answer 4

This question takes too much energy to answer but hey I got my 2 pts!! :o)

Answer 5

Sorry but even consensual acts that result in severe injury will be prosecuted.  It does not take a complaint from a victim anymore, just a police officer.  

I would doubt any woman would be convinced that you really did not mean to get carried away.    

Answer 6

I  think you would run the major risk of prosecution.

S/M involves not only the law of sexual consent, but also the law of violent consent. s*x and violence are separate and distinct paths within criminal law and at their crossroads,the doctrine of consent becomes confused.  Whether S/M is a context in which individual sexual autonomy should overpower the state’s interest in restraining violence was the subject of a case that took place in NY.  It was found that S&M can be used as a defense.

Laws may vary by jurisdiction.

I would seek the advice of legal council before participating in such activities.  ;)