Thursday, January 3, 2008

[BDSM-LegalIssues] Re: New book -- good but disturbing>>>

Jay I think you should have used a gag. ;), but you definately have
the start of a new novel there.... just kiddin' bro, don't taz me
bro....

Tatu

-- In BDSM-LegalIssues@yahoogroups.com, "Jay Wiseman" <jaywiseman@...>
wrote:
>
>
> 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.") In the other
> situation, she plays by another set of rules. (At NCSF, it's "defend
> the persecuted.") Because two different compartments are involved,
> 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.) I'm also having trouble making my car payments. My
> 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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