Spending three long months investigating allegations of sexual assault and domestic abuse against 30-year-old Cy Young-winning Los Angeles Dodgers pitcher Trevor Bauer, Pasadena police completed their probe handing the case to the Los Angeles District Attorney. What took Pasadena police detectives so long was the murky nature of the case in the twilight zone between sexual consent and abuse, something that baffles investigations. Los Angeles County District Atty. George Gascon, 67, has the unenviable job, like the Pasadena police, of figuring out what went awry with two consensual sexual encounters that left physical marks on the victim April 21 and May 16, both involved the dark sex acts of Bondage-and-Discipline-Sadomasochism [BDSM], something not well understood by anyone not into the perverted sexual practices. Popular author E.L. James exposed some aspect of BDSM to popular culture.
James gave the public a peak into the more tame BDSM world in her May 25, 2011 novel, “Fifty Shades of Grey,” where consenting adults play certain scripted sex games sometimes involving pain to enhance encounters. Pasadena Police spokeswoman Lt. Carolyn Gordon said the case was referred for further action to Gascon’s office. Bauer’s 27-year-old San Diego-based accuser remains anonymous but quickly filed in a restraining order against Baurer back in May. On Aug. 19, Los Angeles Superior Court Judge Dianna Gould-Saltman rejected the woman’s request to make the restraining order permanent. Giving some of her logic, Gould-Saltman gave some key insights for the DA’s office. “In a written [text message] exchange, the [woman] said ‘she wanted all the pain,” those were her words. Should [Bauer] have believed her?” Gould-Saltman gave the Los Angeles DA more insights.
Pasadena police took three months to figure out the anonymous women’s criminal complaint against Bauer because her own text messages support Baurer’s claim that the sexual encounter, no matter how perverted, was consensual. “In written communication, the [woman] said she wanted to be choked out. [Bauer] sought clarification as to what she meant, ‘out’ as in unconscious, and [the woman] replied in the affirmative. Should [Bauer] have believed her?” asked Gould-Saltman, knowing she’s no too familiar with the dark underbelly of BDSM. “We consider that, in the context of the sexual encounter, when a woman says ‘No’ she should be believed. So what about when she says, ‘Yes?’” raising more doubts about the woman’s after-the-fact claims of sexual assault. Were it not a BDSM consensual activity, it’s easy to conclude that the marks left on her face and body could be considered sexual assault.
Based on what’s been disclosed from the Gould-Saltman’s court about the consensual nature of the BDSM encounter, the Los Angeles District Attorney has no grounds to charge Bauer with a crime. Ordinarily, you’d think that evidence of physical violence would be prima facie evidence of sexual assault or domestic battery. When it comes to ascertaining domestic battery of sexual assault it’s not easy in case involving consensual BDSM encounters where both partners, for whatever reason, agree on “rough sex,” something the unnamed woman and Bauer agreed on. Saying that Bauer punched her in the face, vagina and buttocks, the 27-year-old San Diego woman admitted that the encounter was consensual. She told Judge Gould-Saltman that she told Bauer “yes” to being choked out but not to punching her. When trying to process the inconsistencies, Gould-Saltman said no to a permanent restraining order.
Judge Gould-Staltman gave Gascon’s office everything they need to drop the criminal complaint, giving the unnamed women a chance to file a civil complaint or settle out-of-court. Damage to Bauer’s career, who has a $102 million contract with the Dodgers, is incalculable, since it’s highly doubtful the Dodgers, whether the DA drops the case or not, could never take him back. Whether any team could see fit hiring Bauer is anyone’s guess, just not returning to the Dodgers. Like so many other that let sex destroy their careers, Bauer is no exception, demonstrating a degree of recklessness for which he must take responsibility. If Bauer has any shot of salvaging his major league baseball career, he needs to get into rehabilitation, much like Tiger Woods did following his Nov. 27, 2009 incident with his ex-wife Ellen Nordregen. Tiger was forced to acknowledge he had a sexual problem and sought rehab.
Los Angeles District Atty. Atty. George Gascon’s office will review the Pasadena Police report on Trevor Bauer and decide that it’s not suitable for a criminal complaint. No matter how unfortunate the 27-year-old’s injuries, it’s no different that falling off a zip-line or any other risky recreational accident. Yes, Bauer may have done all-of-the-above, choking her, punching her and leaving marks. But when it comes to consenting adults involved in perverted BDSM practices, it’s not up to the criminal courts to jam even the most weird practices into a criminal complaint. Bauer’s mistress must look to civil courts if she wants to redress her grievances, not pervert criminal statutes designed to protect non-consenting adults. Bauer asked the 27-year-old how to move forward. Gascon’s office must show her the way by refusing to file criminal charges, when she let her sexual obsession get the better or her.
