Each time a member of the FLDS is brought to trial on criminal charges against children or women, it is a moment to define history and begin to save thousands who are oppressed under a belief system that violates the rights of those women and children, and our Constitution itself.
The men in positions of power (there are no women who hold the priesthood) bare more than religious swords over their followers heads. They control the economic, emotional, and social power from birth until death. This is a system of abuse from start to finish.
Jessop is part of that system and indeed, a family, of patriarchs that practice extreme control over others, and will not hesitate to inflict violence and death for subversion (blood atonement). Whether or not he is guilty of this particular charge or set of charges, the pattern is clear, and traceable for about 100 years, with escalation in the past 30 or so. I hope he, and the others, are convicted and that it brings a spotlight bright as the sun upon the 'Yearning for Zion' compound and other FLDS strongholds.
I wish I wasn't so angry about this. I've lived my life in the two states most accepting of FLDS practices, and I'm infuriated that these state governments do nothing but turn a blind eye to what is happening. I understand that they go after charges they think they can win, but it still really gets me riled up. Clearly I'll never sit on a jury in one of these cases. #fdls
in this country, we have a constitutional right to a trial by our peers. while i am in no way defending the practice of child abuse and child marriage as a religious practice and hope this guy goes to jail for a long long long long time, the fact is that he still deserves a right to a trial by his peers. as wrong as it may seem to those of us outside of his world, his true peers include those who belong to his religious community and those who interact with and have a greater understanding of the complexities of the case than someone in NH (or even elsewhere in TX) ever could. the only time when moving a case is allowed, as far as i know, is when the jury is likely to be biased against the defendant, who after all is innocent until proven guilty.
that being said, i hope these guys get whats coming to them, because they disgust me. #fdls
@ellesbelles: A jury of peers has never been interpreted to mean the jury needs to share the same religious beliefs or come from the same culture. I have twice sat on a jury and I doubt either defendant would have called me or most of the jurors peers. But we understood the complexities of the case. Even when I disagreed with my fellow jurors, I appreciated that they were being impartial and trying to apply the law as the judge directed us.
Perhaps we are not providing what our founders expected in the constitution, but considering they had no problem trying women and blacks in front of juries made completely of white men, I doubt they would complain. #fdls
@ellesbelles: As opposed to a jury that shares their belief in marrying off girl children to old men? They won't get what is coming to them in that situation - and THAT is the point. #fdls
@ellesbelles: Your peers are people drawn from the area, not people who believe the same things that you do. You don't seem to understand the right that you're claiming is being violated. #fdls
I'm always surprised by the weirdness that FLDS engenders -- reading the article, the specific charge involves a 16-year-old who was in labor for DAYS but they wouldn't take her to the hospital for fear of drawing attention to their marriage practices. Jesus Christ on a cracker. #fdls
The moralist in me is totally behind this. The anthropologist in me is very conflicted, mostly in regards to the polygamy charges.
If it is financially viable and all parties are amenable, I don't see the point of making polygamy (as encompassing both polygyny and polyandry) illegal. #fdls
@lalie (apologetic mess): But are all parties amenable if, in order to maintain the required male to female ratio for polygamy, they expel male teenagers and young men? #fdls
@Lymed: you haven't defined polygamy, you've described the culture that often surrounds polygamy.
I think by legalizing polygamy and encouraging people to get marriage licenses from the country/state, you could eliminate some of the problems because there's a way to track these relationships and determine who is responsible for whom.
Marriage in a legal context isn't about sex, its about determining who has what rights and responsibilities towards another. People can have polyamourous relationships, but this isn't really what its about. #fdls
@pichou: I never claimed to have defined polygamy. I am replying to a coment lalie made about FDLS in which she said "if all parties are amenable." I am questioning whether, in this instance, all parties are amenable because FDLS expels young men and teenage males. #fdls
@Lymed: That's a good point. I would agree that complicates things; I didn't actually know that about FDLS.
But then, wouldn't polygamy as a whole being illegal make it so that issue is somewhat ignored? It's just, "oh, that's an illegal type of marriage," and not, "this woman was not given another choice". #fdls
@Lymed: not only that, but if your husband pisses off the leader, you and your kids can be re-assigned to a man of his choosing, while your husband is expelled from the compound. that's right - even as an adult, you don't have a choice.
I know "Big Love" makes it seem like polygamists are basically standard-issue, suburban Relief Society ladies with interesting personal lives, but the majority of cases (like the FLDS in Hilldale/Colorado City) are more like Nikki's family on the compound.
Not that there aren't consenting adults making it work in the suburbs like the Henricksons, but that's not what we're dealing with most of the time. #fdls
@Lymed: Lalie wasn't saying that polygamy should be allowed specifically for FDLS, but rather that polygamy should be allowed in general provided all parties are amenable.
You can have amenable parties even if young men are expelled from the community.
Unfortunately, I think you're right in that these practices limit choice and in many cases amount to coercision. #fdls
This trial should be moved out of the county - preferably out of the state. In fact, they should have it here in NH. I guarantee a far different outcome in this part of the country. #fdls
@PaintedTrollop: NH is cool with child molestation? I get that certain people might be more open-minded about unusual beliefs or more willing to live-and-let-live, but I'd hope most people of any moral, religious, or political persuasion would draw the line at adults raping children. #fdls
@small-fox: I'm guessing it's the opposite: the article says several members of the jury pool were clearly part of the FLDS church. Whereas, in New Hampshire, there are relatively few of those. I grew up there; trust me, a lot of people would like to bring back the stocks for child molesters, at the very least. #fdls
@PaintedTrollop: I'm all for moving it to a different part of the state, just because of the jury pool. But, I can guarantee you that Texas prosecutes the shit out of child molesters. We'd have hog tied Roman Polanski and dragged him across the Atlantic by now.
@TheFormerJuneBronson: But is there not an argument for saying that people should be judged by members of their own community/society? After all, I wouldn't like to have a jury at my trial (for whatever crime I plan to commit!) that was from a society with a different culture and moral outlook from mine (say, an orthodox Catholic background, which might consider my actions criminal if they related to homosexuality) because we simply might not have the same moral codes.
I know that New Hampshire and Texas are the same nation politically speaking, but there are obviously other rules governing the limits and borders of different social and communital behaviours than the national borders on a map. This raises much bigger issues regarding the ability of a generalised notion of national values to have any realistic arbitration over, or relation to, a body of people who belong to diverse communities.
I'm just paying devil's advocate... according to MY moral codes, these allegations, if true, are abhorrant. #fdls
@clochette: What if all members of your community are suspected of committing the same crime or of having helped to perpetuate the crime or similar crimes? #fdls
@CurtCole: Texas either signed a law or tried to sign a law mandating the death penalty for repeat child molesters. It was all a big horse and pony show, mostly, since that likely wouldn't stand up in court, but they tried it. So you're right that Texas takes pride in hanging em high. My dad cheered when Karla Faye Tucker got executed. The college in Huntsville (where they execute prisoners) has a big syringe as its mascot.
I may be making one of those things up, but yes, the Lone Star State prides itself on being "tough on crime." As well as tough on those whoring teenagers who don't listen when their health teacher tells them not to have sex before marriage. #fdls
As someone who does practice BDSM, stories like this turn my stomach. I haven't read all the details yet. But I will say that while I've met many people in the community who are really strong and ethical and cool, I've met others - dom/mes and subs, masters and slaves - who seem to me to have a screw loose. My philosophy in my own relationships is to err on the side of caution; this means that even if I'm with a sub who hasn't safeworded out of the scene and says they want more, but I judge that things are going too far, I stop. Immediately. I've been scorned for that and called vanilla, but the reality is that you're playing with fire, physically and psychologically. Too many "masters" buy into their own egocentric bullshit. #soniasotomayor
@Pantra: That's interesting. I'm not involved in BDSM, but I have read about it and the dynamics involved a little. As another commenter (KaliMama) noted downthread, "it's the sub that holds all the power in the first place. If she stops the scene, the scene is stopped."
If, as a dom, you stop the scene before the sub says so, it seems like you would be taking away that power and making them into complete submissives - denying them any real control and saying you don't trust their judgment. #soniasotomayor
@Pantra: Agreed. It's not something I practice "casually" for that reason. I've been with my current boyfriend for 5 years and there are still expressed boundaries that he wouldn't dare cross. There's a great deal of trust involved and you really have to know a person before you play with them. #soniasotomayor
@cate3710: But I don't trust their judgement always if they're deep in sub space and dreamily going along with things that can cause major damage. I had one sub who had testicular damage from a scene with a domme (not me!) I've had another who would get so lost in their own ecstasy that they didn't realize I had drawn blood, even though that was a hard limit for them. Another had a flashback to childhood abuse and was crying over that, not crying because of what I was doing. It's a judgement call and I always let my partners know ahead of time that it's how I play. So they go into it knowing that.
And I just haven't found that the sub holds all the power in reality.... not in some really complex, entrenched dynamics. sometimes something like Stockholm Syndrome sets in or the sub feels so emotionally and financially dependent that they agree to actions they find violating. I don't do live-in type stuff but I've known people who have live-in naked slaves with no money or power of their own. It's pretty hard for a slave like that, if their masters get unethical, to reclaim their independence with a snap of their fingers.
Also as a domme, I have the right to say what I get involved in. Just because someone wants me to inflict a certain level of abuse doesn't mean that I'm obligated to provide it, if I feel the scene is making me uncomfortable. Consent goes both ways. #soniasotomayor
@curiousgeorgiana: That's what it comes down to for me.... knowing them. The depth and intensity of my scenes are incremental. It takes time to establish when someone is happy-suffering and sufferng-suffering. How quickly they go into sub space and how likely they are to remember and use their safeword if needed. If they have abuse issues, if they like to protest and struggle for fun and want me to push harder. If they like to skate along the edge of a hard limit or if just approaching one will make them freak out and not trust me. It's a delicate process and it's worth taking the time to do right for everyone involved. #soniasotomayor
@RunawayPancake: whether defendants constitutional rights were violated by an application of a law ex-post facto.
ETA: the lower court already ruled in defendants favor and remanded the case. I just read the opinion and I really don't think the government has a good case, I'm surprised the Court chose to hear this case, unless they have something new and interesting to say about ex-post facto. which, maybe.
Ok, screw the legal basis for a second: I would be interested to read reactions of S&M practicioners that push this beyond "S&M is based on consent." Sure, it is, but I wonder - and I say, I wonder, not pronounce - about how S&M can deal with so-called gray areas - i.e. where someone consents because they believe themselves to be contractually obligated to under an S&M arrangement - when it retains such a binary, safeword approach to consent. #soniasotomayor
@PilgrimSoul: right. how can any such contract be legally binding? If you and I contract that I will allow you to beat the shit out of me for 18 months for a monthly fee, and 2 month in I "breach" you don't have much of a claim since the activity was illegal to begin with.
I think this is just one of the risks you assume when you engage in S &M type activity.
@bluebears: Yeah my base assumption is that legally speaking this kind of contract is just plain unenforceable, for public policy reasons as well as the specific performance ones Lymed talks about below.
But I'm confused by how this kind of consent is "acceptable" for S&M purposes. And also, as a person who wants to reverse the consent burden onto the aggressor/dom, I don't know how comfortable I am with safe words anyway. Why should the onus be on the sub? #soniasotomayor
@PilgrimSoul: Right. That whole sub culture leaves me scratching my head. Consenting adults and all that, but consent becomes so murky. Always. #soniasotomayor
@bluebears: I know there is a lot of legal speak in your thread (which is above my head), but in regards to legal/illegal activity, can't we draw parallels in contact sports and how they manage to escape the legal definition of assault because of consent and prior knowledge of what is taking place? #soniasotomayor
@thePrototype: to an extent yes. However I think that where sports differ is that each sport follows a well understood set of rules and expectations. Whereas a submissive/S &M type relationship can mean 100 different things to 100 different people. Which clouds the issue. #soniasotomayor
@bluebears: But most S&M relationships have rules and expectations between the individuals. It isn't a free for all. They require a substantial amount of trust though, because there is generally not a third party watching to make sure such rules are followed. #soniasotomayor
@Lymed: right between individuals. but rules in sports are like, universally understood. So in football a tackle is universally seen as not assault while a punch in the face is assault. I was just pointing out why I don't think the situations (contact sports and s & m) are really comparable in terms of contracting into illegal activities.
@PilgrimSoul: I would really be interested in seeing this "employment contract". I can see the advantage of such a thing for liability purposes. Obviously there's all the photographic evidence of her in this role and it can be construed in all kinds of way and this is the employer's way of saying "yeah this was consensual, we're both adults, for serious" in case an outside party wants to call authorities or something to that effect.
However, for her role in this to be under such a thing is dubious as fuck. That's why I'd be interested in seeing this "contract". Is it just something that clears him of liability under very circumstances (not injury), or is it something with a standard non-compete clause, or is this some fucked up indentured servitude kind of shit? I think there's a lot up in the air.
I do understand though that if there are repercussions for the submissive of any kind, even standard ones like a non-compete clause, in this "employment contract" it's going into abuse territory. I would understand how a contract might protect both parties in such a situation (I mean maybe, I don't know enough about contract law) but repercussions for the sub in any kind of contract is going way too far.
I hope this isn't coming across as victim-blaming in any way, I think this whole situation has so much potential for abuse and it would be beneficial if the law provided some guidance on how to protect all parties. #soniasotomayor
Who else is looking forward to the breathtakingly insensitive remarks that are just bound to come out of Scalia and Thomas's mouths? I know I am! #soniasotomayor
@wtfox?!: Yesss...that's why I'm looking at this case with a squint between my fingers. Then again, the prospect of listening to either of those bullying fuckbags discuss the legal intricacies of "knife play" is too gruesomely promising to ignore. #soniasotomayor
While she may have signed an employment contract, if she later changed her mind, he could not force her to perform to the contract. If somebody breaks an employment contract, courts never force the person to fulfill personal services aspects of a contract (meaning personally doing the job) because they consider it akin to slavery to force somebody to perform a personal service. #soniasotomayor
Wow. Aside from what probably seems to most of us like a grotesque power trip to the nth degree, this brings up fascinating and extremely tricky questions about consent and responsibility. Of course it's entirely plausible that someone could willingly deign to be a "sex slave," could sign a contract to that effect, could even find it sexually and/or psychologically gratifying to be the submissive person in that power dynamic. But what if this individual has a history of being abused? What if s/he has a mental illness that interferes with her or his ability to negotiate such dynamics in a knowledgeable, agentive way? And so on, and so forth...I look forward (with trepidation) to the Court's responses. #soniasotomayor
@ritualtheory: Yeah - I feel like this is one of those situations that's almost impossible to comment on without knowing more details. I'd be interested to know what positions/thoughts the other women who worked for him have.
Also, I don't know much about S&M sex play, but actually carving someone's skin with a knife seems excessively extreme. #soniasotomayor
@ritualtheory: I think this is very different from a typical S&M relationship because of the employment contract. It adds a different power dynamic. My understanding is that even the submissive person holds some power over the dominant person in an S&M relationship - even if that power is basically attraction. Of course, at the same time, we allow people to sign employment contracts where they go into a ring and get punched. Or where they are a stunt double putting themselves at great risk. Or even sign a contract to take experimental medication that can have adverse reactions. #soniasotomayor
@Lymed: Exactly. Maybe (in my dreams) this particular case will shake the foundations whereby it's usually presumed that just because a contract is signed, a situation is legitimate and reasonably equitable. At the very least, it's worth a thousand discussions... #soniasotomayor
I don't know what the legal issue here is or the ramifications of a decision either way. But what I do know is that I'm going to be hearing a lot of ignorant nonsense from Scalia. #soniasotomayor
10/26/09
The men in positions of power (there are no women who hold the priesthood) bare more than religious swords over their followers heads. They control the economic, emotional, and social power from birth until death. This is a system of abuse from start to finish.
Jessop is part of that system and indeed, a family, of patriarchs that practice extreme control over others, and will not hesitate to inflict violence and death for subversion (blood atonement). Whether or not he is guilty of this particular charge or set of charges, the pattern is clear, and traceable for about 100 years, with escalation in the past 30 or so. I hope he, and the others, are convicted and that it brings a spotlight bright as the sun upon the 'Yearning for Zion' compound and other FLDS strongholds.
I wish I wasn't so angry about this. I've lived my life in the two states most accepting of FLDS practices, and I'm infuriated that these state governments do nothing but turn a blind eye to what is happening. I understand that they go after charges they think they can win, but it still really gets me riled up. Clearly I'll never sit on a jury in one of these cases. #fdls
10/26/09
10/26/09
that being said, i hope these guys get whats coming to them, because they disgust me. #fdls
10/26/09
Perhaps we are not providing what our founders expected in the constitution, but considering they had no problem trying women and blacks in front of juries made completely of white men, I doubt they would complain. #fdls
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If it is financially viable and all parties are amenable, I don't see the point of making polygamy (as encompassing both polygyny and polyandry) illegal. #fdls
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I think by legalizing polygamy and encouraging people to get marriage licenses from the country/state, you could eliminate some of the problems because there's a way to track these relationships and determine who is responsible for whom.
Marriage in a legal context isn't about sex, its about determining who has what rights and responsibilities towards another. People can have polyamourous relationships, but this isn't really what its about. #fdls
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But then, wouldn't polygamy as a whole being illegal make it so that issue is somewhat ignored? It's just, "oh, that's an illegal type of marriage," and not, "this woman was not given another choice". #fdls
10/26/09
I know "Big Love" makes it seem like polygamists are basically standard-issue, suburban Relief Society ladies with interesting personal lives, but the majority of cases (like the FLDS in Hilldale/Colorado City) are more like Nikki's family on the compound.
Not that there aren't consenting adults making it work in the suburbs like the Henricksons, but that's not what we're dealing with most of the time. #fdls
10/27/09
You can have amenable parties even if young men are expelled from the community.
Unfortunately, I think you're right in that these practices limit choice and in many cases amount to coercision. #fdls
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I know that New Hampshire and Texas are the same nation politically speaking, but there are obviously other rules governing the limits and borders of different social and communital behaviours than the national borders on a map. This raises much bigger issues regarding the ability of a generalised notion of national values to have any realistic arbitration over, or relation to, a body of people who belong to diverse communities.
I'm just paying devil's advocate... according to MY moral codes, these allegations, if true, are abhorrant. #fdls
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I may be making one of those things up, but yes, the Lone Star State prides itself on being "tough on crime." As well as tough on those whoring teenagers who don't listen when their health teacher tells them not to have sex before marriage. #fdls
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If, as a dom, you stop the scene before the sub says so, it seems like you would be taking away that power and making them into complete submissives - denying them any real control and saying you don't trust their judgment. #soniasotomayor
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And I just haven't found that the sub holds all the power in reality.... not in some really complex, entrenched dynamics. sometimes something like Stockholm Syndrome sets in or the sub feels so emotionally and financially dependent that they agree to actions they find violating. I don't do live-in type stuff but I've known people who have live-in naked slaves with no money or power of their own. It's pretty hard for a slave like that, if their masters get unethical, to reclaim their independence with a snap of their fingers.
Also as a domme, I have the right to say what I get involved in. Just because someone wants me to inflict a certain level of abuse doesn't mean that I'm obligated to provide it, if I feel the scene is making me uncomfortable. Consent goes both ways. #soniasotomayor
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that's what i was wondering - do you know what the appellate issue is? #soniasotomayor
10/15/09
ETA: the lower court already ruled in defendants favor and remanded the case. I just read the opinion and I really don't think the government has a good case, I'm surprised the Court chose to hear this case, unless they have something new and interesting to say about ex-post facto. which, maybe.
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I think this is just one of the risks you assume when you engage in S &M type activity.
10/15/09
But I'm confused by how this kind of consent is "acceptable" for S&M purposes. And also, as a person who wants to reverse the consent burden onto the aggressor/dom, I don't know how comfortable I am with safe words anyway. Why should the onus be on the sub? #soniasotomayor
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However, for her role in this to be under such a thing is dubious as fuck. That's why I'd be interested in seeing this "contract". Is it just something that clears him of liability under very circumstances (not injury), or is it something with a standard non-compete clause, or is this some fucked up indentured servitude kind of shit? I think there's a lot up in the air.
I do understand though that if there are repercussions for the submissive of any kind, even standard ones like a non-compete clause, in this "employment contract" it's going into abuse territory. I would understand how a contract might protect both parties in such a situation (I mean maybe, I don't know enough about contract law) but repercussions for the sub in any kind of contract is going way too far.
I hope this isn't coming across as victim-blaming in any way, I think this whole situation has so much potential for abuse and it would be beneficial if the law provided some guidance on how to protect all parties. #soniasotomayor
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Also, I don't know much about S&M sex play, but actually carving someone's skin with a knife seems excessively extreme. #soniasotomayor
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If she stops the scene, the scene is stopped. No contract will force her to participate further. #soniasotomayor
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