Attempted kidnapping at least. Probably different depending on the country.
Seme wanted to kidnap him and didn't know that Uke actually didn't want to leave. Is it only a deprivation of freedom if Uke wants to go but can't or is it already done if he physically can't? That's basically the question.
Uke didn't say he wants it or make it clear in any other way (the opposite: he made it clear he doesn't like it), so it isn't consent.
He is pretty much a kidnapper but with the information we have it's ethically not that bad because we know it's Ukes kink. XD
if going by NA laws then...technically, the perpetrator can't be charged unless the "victim" presses charges. There's no need to formally make any documentation beforehand.
the only way would be for the prosecution to make claims of duress --- which would need to be substantiated with (a lot of) evidence.
...Ok, well, let's suppose the family filed a missing person report but the police found that the entire thing is not a crime if both adult parties seem to consent and one is not under duress; then the victim in question is not a person who has been kidnapped, but considered a "runaway". There might not be any penalty for that if the runaway is an adult, because it wouldn't be a crime.
Okay so real questions guys:
If someone kidnaps someone but that person actually wants to be kidnapped, is that still considered kidnapping? Cause the perpetrator definitely sees it as kidnapping, but the person being kidnapped might not(and mc def sees it as another kink thing honestly lol) so, do we follow what the perpetrator thinks and say it’s kidnapping, or what the victim thinks and say it’s just 4D level mind games chess of bdsm plays.
Like, imagine another scenario where someone gets kidnapped but the victim doesn’t even realize they’re being kidnapped and thinks it’s a role play they’re doing. Like, would it be considered a kidnapping role play then? Or just actual kidnapping.
WHERE DOES THE LINE CROSS FROM KIDNAPPING TO KINKINESS.