Legal Issues for Sanguins

Written by: Sarasvati
Link to original: http://sarasvati.sanguinarius.org/legal.html

**I am NOT a lawyer and CANNOT give legal advice! This is mearly information on legal issues to consider!**

Unfortunately, the law of the land is always present, also unfortunately as we are not a recognized condition, we tend to get the short end of the stick. So, there are several things we need to keep in mind as we offer support, give advise, or just go about our daily lives that have to do with living inside that law of the land. This page mainly focuses on US laws, since I live in the US and thus know them best. I strongly suggest you become familiar with the laws in the country you live in, however, and know the legalities of the law of the land you are in.

Support to Minors

The average age of Awakening is in the late teens, 16-18 or so. Since in the US you are considered a minor, in most states, until you are 18 (21 in some states) this causes problems. Legally, we can't really give blood drinking advise to minors. It would be corrupting a minor. Minors cannot be donors, especially if the sanguin is an adult in the state, or have under age donors (minor or not). Both are considered bodily harm. Though it would be nice to think that since it was consenting there wouldn't be any legal problems, that just isn't so. An adult can sue on behalf of a minor without the minor having really much say in the matter, if any. Think of the statutory rape cases for example.

You can't make a contract for the minor to sign stateing consent as you can with an adult either. Minors cannot enter into contracts without signature of a parent or guardian...and I doubt many parents or guardians are going to consent to such :P

Legalities in Blood Drinking

Actually, it is illegal in many states in the US to consume human blood for whatever purpose, with or without consent. This makes it a sticky situation. Also illegal in many states for butchers to sell animal blood if intended for human consumption. It's just plain hard to get legal blood! You have to be careful with your donors too. Technically, every cut you make or jab of the finger with a lancet is assault and battery. Some suggestions that may help cover your butt:

  • Written contract of consent. Only works in those states where consumption of human blood is not illegal, though. You also need to make sure the contract is VERY clear on EXACTLY what the person is consenting too... how the blood will be drawn, from where, with what, how much, etc. This is also best done with a third party witness as well, just to increase the validity of the contract. Otherwise, it can come back to bite your butt.
  • Make sure the donor always makes the cut themselves, never be the one to make the cut. Definitely not foolproof, as they can always lie. At least, always, Always, ALWAYS make sure your donor is a consenting ADULT of stable mind and healthy body.
  • Have a witness present while feeding. While maybe not the most pleasent idea, can keep you out of trouble both at the time, and later on.

Legalities in Informing of Safe Blood Drawing Techniques

It's touchy. If someone does something stupid with what I put up, I could be held liable. Especially if it is a minor. This is why I have to put a huge, detailed disclaimer on the page. Would be nice if people were responsible for their own children, but it doesn't work that way. I put something up, someone does something stupid with it, I can be held liable. That means ANY information you give to ANYONE MUST be accurate and complete to the best of your knowledge. Otherwise, it could some back to bite you in the butt. I am REALLY hesitant to give such information to minors, even though, as above, the average age of awakening is below that of the age of adulthood :-/ It creates a definite moral and legal dilemma.

Even if you already know how, but something goes wrong. Depending on how wrong it went you can be on charges ranging from 1st degree murder, manslaughter, involuntary manslaughter, criminal neglegence causing harm, criminal neglegence causing death, operation of medical practice without licence, and/or health code violations. If you try to pass it off as a religious practice... even that is illegal in some states when it involves human blood.

In short, it's hard to be a sanguin and stay on this side of the law... and honestly, we skirt that edge very close alot of times. KNOW the laws where you are, understand how they vary and what is an is not included in them. Especially those that apply to your life.

Credits

Thanks to HorrorShow and Pyramus with help on this page