Sometimes in this thing that we do an accident or medical emergency can happen. If you find yourself in the position that you have to explain your sexual preferences and kinks to emergency personnel there are some things you should know.
Medical personnel that arrive need 100% of the information. Do not fudge the truth or leave out any detail. It could be the difference between life and death for the person in need of medical attention. HIPAA the Health Insurance Portability and Accountability Act requires your medical information to remain confidential. Should the worst happen and there is the possibility of criminal charges, emergency medical personnel responding can not be called to testify, or give statements, that refer to what you’ve told them.
The police on the other hand are a different story.
Police responding have a different agenda than medical personnel responding. Anything that you say to a police officer can be used at a later date and time in a criminal proceeding if one materializes. Police are looking for a victim and a perpetrator, that is their job. Do not make any statements to police or law enforcement that will allow them to place you in the role of perpetrator.
The National Coalition for Sexual Freedom (NCSF) is an organization that specializes in defining for the public what consensual BDSM looks like. The NCSF works diligently to defend our rights to sexual freedom and privacy.
If you think that you will never have a need for the NCSF? Some of the issues that the NCSF consults on and defends are:
In 2006, over distinct inquiries were made between NCSF and individuals, groups, attorneys, prosecutors, and businesses who requested assistance. Each incident sometimes required only one or two phone calls, but many evolved into much larger projects.
- 14.5% were related to SM/leather/fetish group issues
- 13.5% were regarding child custody/divorce issues
- 13% were requests regarding SM/abuse/domestic violence issues
- 10.5% were regarding zoning issues
- 9% were classed as non-employment discrimination
- 8% were related to swing community issues
- 8% were regarding online obscenity issues
- 7% were regarding employment discrimination
- 6% were regarding criminal complaint issues
- 5.5% were in reference to child protective services’ complaints
- 5% were classed as “other”
Of the inquires,
- 73.5% were driven by SM/leather/fetish issues
- 15% by swing
- 7% by poly
- 4.5% by other
Suddenly doesn’t seem much like something that happens to “other people” now does it?
The NCSF can refer you to kink aware professionals like lawyers and therapists.
For additional information regarding the NCSF and the services they can do for you as an individual, and for the community on the whole you can visit their website: https://ncsfreedom.org/
The following is taken directly from the NCSF website. It is a Word version of a wallet card made available by the NCSF:
Pocket Reference: Dealing with Law Enforcement
In dealing with officers …
- DO stay calm.
- DO be respectful, polite and courteous.
- DO use your common sense.
- DON’T have a “bad attitude“.
Statements and Communication …
- You have the right not to make statements.
- You have the right not to incriminate yourself.
- Be honest in whatever you decide to say.
- Use simple language – clear and easy to understand.
Entry to your property …
- You do not have to allow a “consent search” or a “voluntary entry”.
- Attempt to handle it outside / at the door.
- If the officer demands to enter, voice your objection and stand aside.
- Volunteer for your partner to talk to the police.
- Transport toys in a secure location and in trunk of the vehicle. Do not consent to a search.
- Keep in mind those things that demonstrate that consensual SM is different from abuse.
- If you are arrested, do NOT make any statements, and ask for an attorney.
Provided by the
National Coalition for Sexual Freedom
Law Enforcement Outreach Program