The Darwin Award winners and the law

The Darwin Award winners and the law












Perhaps you saw the story last week of the Bears and Packers fans that are married.  They made a friendly wager over the Monday night game last week as to who would win.  The Packers fan wife must have been feeling pretty good about he chances because the Bears have looked terrible of late and I can’t remember the last time we won in Green Bay.   And on top of that, she had Aaron Rodgers in her corner while the Bears were playing a backup at what seems like half of the starting positions including QB.

Well A-rod broke his collarbone early on and the Bears played pretty well and won.  So did the husband get his choice of dinner as the wager winner?  Nope.  Does she have to do the dishes for the next week?  Guess again.  Something kinky in the bedroom?  You are getting warmer.

The “winner” in this case got to taser the loser.  She apparently didn’t think he’d go through with it, but being a good sport, she let him taser her and filmed it on her cell phone camera.  On there she can be seen laughing the first two times he did it.  Apparently the third time it happened bothered her so she called the cops.

He wasn’t arrested for battery because when you tell someone to punch you in the face or taser you or do something else idiotic, it’s not a crime.  You can consent to that type of stuff.  But the husband did get arrested for possession of an electronic weapon.

Of course there are no winners in this case.  Except Bears fans and people like me who are looking for something to write about.  And I know you won’t be surprised to learn that she had a blood alcohol level of .155 and he of .137.

The legal lesson is that if you ask someone to hurt you and they hurt you, it’s on you.  You can’t ask Mike Tyson to punch you in the face and then sue him or call the cops when he lays you out.  It’s also why Aaron Rodgers can’t file a police report for Shea McClellin slamming him to the ground.  He consented to it in the same way.

And that is the key issue.  You can can’t consent to rape, but you can consent to sex.  You can’t consent to battery, but you can agree to being punched.  If there is no consent it’s a crime.  If you approve then it’s just life.  Even if it’s absurd like these two love birds.

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