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Episode 35: The Dark Side of Kink and Criminal Law

This week on Wine by the Case, Alexis and Chris pour a glass from Jachter Family Wines and dive straight into one of Florida’s most disturbing headlines: a consensual kink scenario that escalated into real-world murder — and now sits at the center of a looming first-degree homicide trial.

This episode tackles the messy legal territory where fantasy, mental health, and criminal liability collide.

Can Consent Ever Justify a Killing?
The hosts dissect the question at the core of the case: Can “she asked me to do it” ever serve as a legal defense to murder?

Short answer: absolutely not — but the “why” is where things get complicated. They explore how courts view consent in extreme scenarios, why certain acts can never be legally agreed to, and how intent and premeditation factor into homicide charges.

Mental Health, Fetish Sites, and Platforms Under Scrutiny
Where does responsibility fall when mental illness, online fetish communities, and real-world harm intersect? Alexis and Chris break down whether websites have any legal duty to intervene, and how digital evidence plays into modern prosecutions.

Death With Dignity Laws — And Why Florida Isn’t Close
The episode also contrasts the case with legal assisted-suicide frameworks in states like Oregon, California, and New Jersey. While those laws require strict medical oversight and consent safeguards, Florida’s lawmakers are only beginning to float early-stage “death with dignity” proposals.

Where BDSM Ends and Criminal Liability Begins
Not all kink is illegal — but the line between consensual BDSM and criminal assault or torture is thin, and courts draw that line sharply. The hosts break down real precedents, the limits of consent, and how prosecutors frame these cases.

Wine of the Episode
Jachter Family Wines – Nebbiolo
Price: ~$40–$50
A structured, food-friendly red that Chris calls a “solid 7.5/10.”
Explore the winery

Watch the full episode
This is one episode where the “razor-thin edge between fantasy and felony” is no exaggeration.

Christine Sensenig