Collarchat.com

Join Our Community
Collarchat.com

Home  Login  Search 

RE: blackmail done right // blackmail done wrong


View related threads: (in this forum | in all forums)

Logged in as: Guest
 
All Forums >> [Community Discussions] >> Ask a Mistress >> RE: blackmail done right // blackmail done wrong Page: <<   < prev  1 2 [3]
Login
Message << Older Topic   Newer Topic >>
RE: blackmail done right // blackmail done wrong - 2/16/2009 11:51:46 AM   
beeble


Posts: 799
Joined: 5/25/2005
From: UK
Status: offline
quote:

Tavane wrote: You could enforce the "financial" aspect of slavery, however, with the "debt" scenario. There is nothing illegal about that,

Yes there is.  It's called `debt bondage' or `peonage' and is prohibited by Article 4 of the UN Universal Declaration of Human Rights (1948).  In the US, it's prohibited by the Trafficking Victims Prevention Act (2000) and you may well find that its considered to be involuntary servitude and, therefore, prohibited by the 13th Amendment to the US Constitution.  (IANAL.)

beeble.


_____________________________

Kita's owned slutpet.

(in reply to Tavane)
Profile   Post #: 41
RE: blackmail done right // blackmail done wrong - 2/16/2009 11:53:52 AM   
thetammyjo


Posts: 6322
Joined: 9/8/2005
Status: offline
Tavane, this probably the most useful post I've seen in this thread.

I applaud your use of the law to help you fulfill a fantasy safely. Everyone should note, as Tavane does below, that this is the law of one state at this time. You should invest time in finding out how you can fulfill your fantasies safely in your own state or country.


quote:

ORIGINAL: Tavane

As to legality, here's Ohio's law:
2905.11 Extortion.       (A) No person, with purpose to obtain any valuable thing or valuable benefit or to induce another to do an unlawful act, shall do any of the following:       (1) Threaten to commit any felony;       (2) Threaten to commit any offense of violence;       (3) Violate section 2903.21 or 2903.22 of the Revised Code;       (4) Utter or threaten any calumny against any person;       (5) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage any person's personal or business repute, or to impair any person's credit.       (B) Whoever violates this section is guilty of extortion, a felony of the third degree.       (C) As used in this section, "threat" includes a direct threat and a threat by innuendo.       Effective Date: 07-01-1996

2905.12 Coercion.       (A) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:       (1) Threaten to commit any offense;       (2) Utter or threaten any calumny against any person;       (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, to damage any person's personal or business repute, or to impair any person's credit;       (4) Institute or threaten criminal proceedings against any person;       (5) Take, withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.       (B) Divisions (A)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:       (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to section 2945.44 of the Revised Code;       (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence;       (3) Imposing a community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense.       (C) It is an affirmative defense to a charge under division (A)(3), (4), or (5) of this section that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor's purpose was limited to any of the following:       (1) Compelling another to refrain from misconduct or to desist from further misconduct;       (2) Preventing or redressing a wrong or injustice;       (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified;       (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take.       (D) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.       (E) As used in this section:       (1) "Threat" includes a direct threat and a threat by innuendo.       (2) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.


So although it's probably not extortion, since having somebody do your laundry might not be a "valuable" things (depending on how much you hate doing laundry), it  would be coercion, in terms of threatening to publish stuff which otherwise you could freely publish, since it's no crime to tell everyone that a person is a sissy, or whatever. The crime is forcing the person to obey you, by threat. State laws vary, but do tend to be pretty consistent with such common crimes.

You could enforce the "financial" aspect of slavery, however, with the "debt" scenario. There is nothing illegal about that, and a court is not going to be impressed with a contnetion that "I just wanted to be her slave, and don't really owe her the money", when you have a signed and witnessed note. Since I'm virtually certain that many slaves have done this (including me), and we've never had a single news story about it, (and this would be juicy stuff which the media would love), I'm confident that this has happened many times. In my case, I agreed that I owed her $1000, but the note would be forgiven if I did her laundry, nails, massaged her feet and legs, and any other household tasks she wished, for some period of time I dont' remember. It was incredibly exciting to sign that, even though I knew she would never enforce it, and if she did, I'd certainly not try to "explain" it to a court. My reputation is worth far more than $1000. You'd need to be specific about the work, not just "I'll obey her like a slave", but otherwise, it would be very enforceable, in my view. It's not coercion, since she's not threatening to expose  you. She's simply able to sue  you for money you agreed that you owed her, if you don't "work off" the loan, in whatever way you most enjoy slavery. I really enjoyed it. It was incredibly exciting to know that I was "forced" to obey her, despite the reality that it was totally my idea.

So thrre are ways to enforce submission, if you are imaginative, and know what the law is, but they will be limited to financial and property scenarios. A simple prenuptial agreement that in the case of a divorce, each party keeps whatever property is in his or her name, and that if one party gives the other spouse property during the marriage, that becoemes the other spouses separate property, would keep a husband very obedient to the wife, once he transfers all of his property to her, and all of his income, since in the case of a divorce, he would walk away with absolutely nothing, so long as she kept all property and bank accounts in her name. You could even agree that if the husband sues for divorce, he must pay her spousal support for x years at x amount, but a court wouldn't enforce that if it was not appropriate for the incomes of the parties at the time of the divorce, adn the duration of the marriage.

You could even specify that the parties agree that the husband's role will be to take care of the home, as the homemaker, and that's what their expectations are of the parties when they marry, despite that both work. That would have nothing to do with what happens in a divorce, but would give the slave some additonal erotic thrills.




_____________________________

Love, Peace, Hugs, Kisses, Whips & Chains,

TammyJo

Check out my website at http://www.thetammyjo.com Or www.tammyjoeckhart.com

And my LJ where I post fiction in progress if you "friend" me at http://thetammyjo.livejournal.com/

(in reply to Tavane)
Profile   Post #: 42
RE: blackmail done right // blackmail done wrong - 2/16/2009 12:01:22 PM   
thetammyjo


Posts: 6322
Joined: 9/8/2005
Status: offline

quote:

ORIGINAL: beeble

quote:

Tavane wrote: You could enforce the "financial" aspect of slavery, however, with the "debt" scenario. There is nothing illegal about that,

Yes there is.  It's called `debt bondage' or `peonage' and is prohibited by Article 4 of the UN Universal Declaration of Human Rights (1948).  In the US, it's prohibited by the Trafficking Victims Prevention Act (2000) and you may well find that its considered to be involuntary servitude and, therefore, prohibited by the 13th Amendment to the US Constitution.  (IANAL.)

beeble.



Here's the actual wording of the amendment:

"Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have the power to enforce this article by appropriate legislation."


I think the only way to know would be to consult a lawyer of that state for state laws that might be more limited than above.

If you use specific words and one party challenges things then you do open up a can of worms. That's true for many things we do kinky or not however. As long as both parties are happy and don't have nosy friends or neighbors who feel it's their duty to report you to the authorities, one can make almost anything happen.

One way to deal with the 13th amendment might be to not use words like "slavery" or "involuntary" -- I know that that might suck the fun out of some fantasies but if you are going the legal review route you may have to make these sorts of changes.

Definitely not something to do casually or with strangers.

Oh, and note folks that this amendment did not outlaw all slavery and involuntary servitude -- you can still be enslaved as punishment for a crime. The reasons this doesn't happen are social not legal really I think.


_____________________________

Love, Peace, Hugs, Kisses, Whips & Chains,

TammyJo

Check out my website at http://www.thetammyjo.com Or www.tammyjoeckhart.com

And my LJ where I post fiction in progress if you "friend" me at http://thetammyjo.livejournal.com/

(in reply to beeble)
Profile   Post #: 43
RE: blackmail done right // blackmail done wrong - 2/16/2009 2:12:37 PM   
beeble


Posts: 799
Joined: 5/25/2005
From: UK
Status: offline
quote:

thetammyjo wrote: One way to deal with the 13th amendment might be to not use words like "slavery" or "involuntary"

Well, no.  If it's illegal, it's illegal, whether you use the same name for it as the lawyers or not.

beeble.


_____________________________

Kita's owned slutpet.

(in reply to thetammyjo)
Profile   Post #: 44
RE: blackmail done right // blackmail done wrong - 2/16/2009 2:39:02 PM   
Tavane


Posts: 131
Joined: 3/10/2008
Status: offline
It's not illegal, since the mistress is not enforcing bondage. She is merely enforcing a debt, if she chooses to file suit and collect on it. There is nothing wrong with agreeing that you owe a woman money, or placing a bad bet with her, so you win if you can flip a coin and it comes up heads 10 times in a row, but lose the $1000 or whatever if it doesn't. You have much better odds than on the lottery.

Nor is there anything wrong with an agreement that she will forgive the debt if you fix her roof, or her transmission, or do all her housework, laundry ironing, cooking, nails, and other domestic tasks she desires for two months, or whatever. There is nothing remotely illegal about that, and it happens constantly with people, who barter services for money. The old concept of a guy who can't pay for his meal, so does dishes for awhile, is not an illegal one. It's been common throughout history, especially with travelers, who would often chop wood or whatever in exchange for a meal. It's perfectly legal in every respect.

(in reply to beeble)
Profile   Post #: 45
RE: blackmail done right // blackmail done wrong - 2/16/2009 2:48:05 PM   
Tavane


Posts: 131
Joined: 3/10/2008
Status: offline
You obviously can't use words like "obey her totally", or "slavery", but so long as you define the parameters of the services you are exchanging for the cancellation of the debt, it's totally legal and enforcable. She can't enforce the services, but she can enforce the debt. It's very simple "Tavane agrees that he owes Jane $1000. Jane agrees that she will forgive the debt, if Tavane does all of her housework, washing,  ironing, shopping,  errands, cooking, dishes, and other normal domestic tasks that she wishes done, and does her nails and hair whenever she desires, for the next two months." That's a perfectly legal agreement. Tavane can do it, and if he doesn't, Jane can sue him for the $1000. The best way would be for Tavane to put the $1000 in escrow, so she doesn't need to sue him, if he doesn't hold up his end of the bargain. 

(in reply to Tavane)
Profile   Post #: 46
RE: blackmail done right // blackmail done wrong - 2/16/2009 5:28:54 PM   
ShaktiSama


Posts: 1674
Joined: 8/13/2007
Status: offline
quote:

ORIGINAL: thetammyjo

Remember the OP was about people out of the blue emailing someone and asking them to blackmail them. I don't think that is safe and I don't consider that to be the request of a mature person in my book. If that is mature and acceptable for others, take note and reach out to the appropriate audience for your request.



*shrug*  I have received quite a few "out of the blue" emails over the years requesting my participation in one fantasy or another, from a man asking me to initiate his hetero female slave into the wonderful world of "forced bi" to the odd duck who asks me to lop his genitals off.  I ignore or politely decline most of the fantasy requests that have nothing to do with me or my personal tastes, but when people ask me to participate in a fantasy of being photographed-while-doing-the-Sexay by a woman, I generally say "yes".  The reasons why should be obvious.

My difficulty here is that I cannot tell why someone would choose to draw the line of "maturity" here at the blackmail fantasy, rather than anywhere else along the BDSM fantasy vs. reality spectrum.     

_____________________________

"Women and cats will do as they please, and men and dogs should relax and get used to the idea."
-- Robert A. Heinlein

(in reply to thetammyjo)
Profile   Post #: 47
RE: blackmail done right // blackmail done wrong - 2/17/2009 8:23:24 AM   
thetammyjo


Posts: 6322
Joined: 9/8/2005
Status: offline
quote:

ORIGINAL: ShaktiSama

quote:

ORIGINAL: thetammyjo

Remember the OP was about people out of the blue emailing someone and asking them to blackmail them. I don't think that is safe and I don't consider that to be the request of a mature person in my book. If that is mature and acceptable for others, take note and reach out to the appropriate audience for your request.



*shrug*  I have received quite a few "out of the blue" emails over the years requesting my participation in one fantasy or another, from a man asking me to initiate his hetero female slave into the wonderful world of "forced bi" to the odd duck who asks me to lop his genitals off.  I ignore or politely decline most of the fantasy requests that have nothing to do with me or my personal tastes, but when people ask me to participate in a fantasy of being photographed-while-doing-the-Sexay by a woman, I generally say "yes".  The reasons why should be obvious.

My difficulty here is that I cannot tell why someone would choose to draw the line of "maturity" here at the blackmail fantasy, rather than anywhere else along the BDSM fantasy vs. reality spectrum.     


I think you are assuming that blackmail is the only place I personally draw this line... the OP was about blackmail thus my comments have been about blackmail.

This is where my definition of what is mature comes into play. Mature people think about the consequences of their decisions and their actions; immature people do not or cannot do that yet.

Someone asking a stranger to blackmail them is very unlikely to have thought through those consequences -- they would have to prove to me that they have. Same for every type of fantasy fulfillment.

I have no problem with someone who is mature and have these same fantasies and look for safe ways to fulfill them. My problem is with the stranger who asks me to do any of these with them.

Like you, ShaktiSama, I ignore such requests or I might ask them a pointed question about way on earth they would trust a complete stranger.

But this isn't a private request, this was thread on the subject and I had every right to express my personal opinion about it. I didn't attack anyone else's response until they started to attack me.


< Message edited by thetammyjo -- 2/17/2009 8:35:27 AM >


_____________________________

Love, Peace, Hugs, Kisses, Whips & Chains,

TammyJo

Check out my website at http://www.thetammyjo.com Or www.tammyjoeckhart.com

And my LJ where I post fiction in progress if you "friend" me at http://thetammyjo.livejournal.com/

(in reply to ShaktiSama)
Profile   Post #: 48
RE: blackmail done right // blackmail done wrong - 2/17/2009 8:31:31 AM   
thetammyjo


Posts: 6322
Joined: 9/8/2005
Status: offline

quote:

ORIGINAL: beeble

quote:

thetammyjo wrote: One way to deal with the 13th amendment might be to not use words like "slavery" or "involuntary"

Well, no.  If it's illegal, it's illegal, whether you use the same name for it as the lawyers or not.

beeble.



No, actually the law is a total word bitch. People constantly get around what you and I might consider the parameters of the law by using different words. BUT that is why I think someone needs to be very careful when they do things that might be illegal. Consulting a lawyer costs money but wouldn't you rather be more sure of your safely and spend that money than discover you've chosen the wrong partner for your fantasy or meatlife and end up in prison or in debt or out on the street?

Everything we do when we don't have legal documents to back us up (and to a degree even then) is a matter of honor between the people involved. This is true whether we are talking alternative sexuality or bake sale or any other matter.



_____________________________

Love, Peace, Hugs, Kisses, Whips & Chains,

TammyJo

Check out my website at http://www.thetammyjo.com Or www.tammyjoeckhart.com

And my LJ where I post fiction in progress if you "friend" me at http://thetammyjo.livejournal.com/

(in reply to beeble)
Profile   Post #: 49
Page:   <<   < prev  1 2 [3]
All Forums >> [Community Discussions] >> Ask a Mistress >> RE: blackmail done right // blackmail done wrong Page: <<   < prev  1 2 [3]
Jump to:





New Messages No New Messages
Hot Topic w/ New Messages Hot Topic w/o New Messages
Locked w/ New Messages Locked w/o New Messages
 Post New Thread
 Reply to Message
 Post New Poll
 Submit Vote
 Delete My Own Post
 Delete My Own Thread
 Rate Posts




Collarchat.com © 2024
Terms of Service Privacy Policy Spam Policy

0.451