In the Feb. 18 Daily article “Cuffs fights for BDSM rights,” ISU Director of Judicial Affairs Bethany Schuttinga said she based her decision to charge Cuffs with assault on the 1985 case State of Iowa v. Edward Collier. The case itself, though, is a suspect ruling upon which to base a charge.

In 1985, the Iowa Supreme Court heard defendant Edward Collier appeal his conviction in Polk County District Court for possession of a firearm by a felon and assault resulting in serious injury. He was charged with assaulting Leanne Steele, whom he employed as an “out-call model.”

According to Steele, Collier blindfolded, whipped and raped her, responding to her cries to stop by gagging her.

On appeal, Collier asserted the trial court erred in refusing to instruct the jury on the defense of consent on the charges of assault. Collier testified that Steele requested him tie her up and beat her.

Under Iowa Code section 708.1, a person commits an assault when, without justification, the person commits any act which is intended to cause pain or injury to, or which is intended to result in physical contact … to another; any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive … ; or intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.

Collier said the sadomasochistic activity, which he claimed occurred, was a social activity, which would make it exempt from the definition of assault in section 708.1 of the Iowa Code. Voluntary participants in a sport, social or other activity, not in itself criminal — and if the the act is a reasonably foreseeable incident of such sport or activity — isn’t seen as assault.

It would make sense, then, for the Iowa Supreme Court to revisit the definitions of “sport, social or other activity” in its consideration of the case. Especially since, in its ruling, the Court said, “We have found no cases which directly consider the question of whether sadomasochism or other deviant sexual behavior is a ‘social or other activity’ within the meaning of the statute.”

Instead, they relied on several other cases that “discussed sadomasochism and other violent activity in the context of whether a person could consent to such acts.” These cases included distribution of sadomasochistic movies and domestic abuse. The Court concluded the legislature did not intend sadomasochistic activity to be a “sport, social or other activity” under section 708.1. But they said “We are hesitant to give a precise definition of this term and believe it is more appropriate that its meaning be interpreted on a case- by-case basis.”

Case by case. The Office of Judicial Affairs at Iowa State would do well to consider those words when citing the case of State of Iowa v. Edward Collier when accusing Cuffs of assault. It’s time to take another look at how we define, or fail to define, “sport, social or other activities.”