Reasonable Carnal Care

[Andrew]

FROM A DECISION by a Massachusetts appeals court: “The plaintiff and defendant were engaged in sexual intercourse. The plaintiff was on his back with the defendant on top of him when she decided to unlock her legs and place her feet on either side of his abdomen to increase her stimulation. The defendant landed awkwardly, causing the plaintiff to suffer a penile fracture that required emergency surgery. He sued for damages. However, in the absence of a consensus of community values or customs defining normal consensual sexual conduct, a jury or judge cannot be expected to resolve a claim that certain sexual conduct is undertaken without reasonable care.”

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