[BDSM-LegalIssues] Re: New book -- good but disturbing>>>
I was discussing this thread with a very smart friend of mine
yesterday (no names were mentioned). My friend pondered for a
moment, and then she said, "That woman has dramatically
compartmentalized her life. In one situation, she plays by one set
of rules. (At work, it's "protect my corporation.
situation, she plays by another set of rules. (At NCSF, it's "defend
the persecuted."
it doesn't matter to her, and may not even dawn on her, that the
rules of the two comparments contradict each other." Candidly, I
think this summarizes Leigha's situation rather well.
Personally, such a contradiction would drive me bugfuck, and leave me
unable to stay in both compartments for any significant length of
time. I'd have to choose one or the other.
But that's just me.
Scenario: I work for Leigha's company and am well-established there
with a years-long excellent record and a really good income. One
night, I'm happily and consensually flogging my sweetie. Her happy
squeals alarm my neighbors, who call the cops. The cops arrive, take
one look at the red marks on her back, and arrest me for felony
aggravated battery (battery with a flogger). Aggravated battery is a
violent felony.
The next day, Leigha's company learns that I've been arrested for a
violent felony (aggravated battery) and summarily fires me.
The day after that, after talking with my sweetie, the DA drops the
charges.
The day after that, I ask about getting my job back. No dice.
Because I now have a "criminal history" (involving a violent felony,
no less) Leigha's corporation absolutely will not give me my job
back. "Company policy" don'tcha know.
I contact NCSF for help, who refers me to an employment law
attorney. The attorney is sympathetic but tells me that because my
job was "at will" Leigha's company was within their rights to fire
me, and also to not re-hire me, even though the charges against me
were dropped.
A month goes by. I'm running out of money. I start having trouble
paying my share of the rent and other household expenses. (My
sweetie, to whom I'm not married, and I rent a house in a really good
neighborhood.
sweetie is understanding about it for a bit, but after a while my
lack of equal financial contribution puts a substantial strain on our
relationship. Our playdate frequency drops substantially. Her
interest in polyamory increases substantially.
I try really hard to find comparable work (I was *really* good at my
job, highly reliable, and got on famously with the other employees
and my bosses), but because of my "criminal history" I'm now damaged
goods. I'm never called back for a second interview.
Two months later, the relationship strain due to growing financial
inequality between my sweetie and I causes her to break up with me
and causes her to move out of our apartment. Being broke, I have to
move out as well. My sister says that I can crash in her guest
bedroom for a while, so I move in with her. I had a lot of stuff, so
I now live in a very cramped guest room. I'm still unable to find
work.
The next month, I've missed too many car payments and my car gets
repossessed. I now ride the bus. My sister is patient, but starting
to get bugged about my being in her place. I notice that having "a
beer or two" in fact makes me feel better -- or, at least, less
stressed. My noticeable increase in drinking does not make my sister
love me more.
Finally, things get really desperate. I hear that a local BDSM store
has a retail clerk job opening. It pays one dollar an hour above
minimum wage, with no benefits other than a modest employee discount
on purchases. I apply for the job and get it. My sister, who is
really, really ready for me to live elsewhere, loans me the money on
a "pay me back when you can" basis so that I can move into a *very*
modest studio apartment in an "iffy" part of town.
I now live from month to month on an income just barely adequate to
support me. Life continues to be highly stressful, but fortunately
the liquor store close to me sells really cheap vodka and, candidly,
drinking the vodka does "ease my nerves" a bit. Mostly, I drink
alone in my room.
Here endeth the scenario.
Several highly similar scenarios (minus the kink aspect) are
described in similar detail in the book, along with mentioning that
in Europe due to strict privacy laws only law enforcement can access
arrest records. The author also mentions, on page 121, that under
federal law (unfortunately, no cite is included) companies can access
the NCIC database. He further notes that the NCIC database even
includes many _juvenile_ arrest records.
Once again, the book is "Arrest-proof Yourself" by Dale Carson, with
co-author Wes Denham. For anyone concerned about privacy, civil
rights, search and seizure law, or similar matters, I'd put in on
your "must buy and must read" list.
I found Carson's book much more frightening reading than anything
ever written by Steven King.
Given that we seem to be covering the same ground over and over, to
no further benefit, at this point, unless something very significant
is added, I'm bowing out from this thread.
Jay
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posted by Annja Sue at
10:33 AM
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