VelvetSin
Really Really Experienced
- Joined
- Jul 20, 2010
- Posts
- 373
please let's not talk about the virtues of our judicial system!the system did not work for us, we played the game and used the system for our benefit. and we were very, super duper extremely fortunate in that circumstances allowed us to do that.
a LOT of people are not so lucky, like the woman i mentioned earlier who lost custody of her child. there was no suspected domestic violence in her relationship...she wasn't even in a relationship. but she was "out" as a submissive. her ex used that info against her, filed for full custody and got it. it's totally shocking to me, or at least was the first time i heard of it happening. but sadly i've learned it's far from a freak occurrence.
so VelvetSin, would you say the judicial system is working for those families?
I do think the judicial system worked for you, yes. The two of you agreed that it was consensual and the law ultimately worked in your favor. It may have been difficult or trying for your Master and you personally, but you were not permanently separated and he did not do (significant) time, according to what you mentioned.
As sb2009 and Stella mentioned, the criminal and civil systems are two completely different animals. "Beyond a shadow of a doubt" versus "more likely than not" are very different burdens of proof. One is established to avoid punishing the innocent, where the other often comes down to who can provide the most paperwork to prove their case, or who can hire the better lawyer as sb2009 and Stella already mentioned.
To play devils advocate about allowing sexuality to be used in a civil dispute over a child's custody, let's say a self-proclaimed Dominant wanted custody, but he was mainly a domineering asshole who wanted to control every detail of the lives of his family whether they wanted it or not. I hope we can agree that children should be exempt from a D/s dynamic, right? This guy didn't make that distinction. Should the wife and her attorney be allowed to use his self-acknowledged titles and preferences and 'lifestyle' to prove his fitness as a guardian? If it's in the best interest of the child, my opinion is yes, it should.
As adults, anything we say or do can be used against us at some point. It's the way life is, and no one ever said life is fair all the time. It's our responsibility as adults to own our choices and keep them as responsible as possible. The more responsible they are, the less likely we'll end up in a court of law to defend those choices.
I feel like I've noticed this trend among bdsm parents, especially of little ones, but I wasn't sure whether it was it was limited to my sample size.