You are NOT the Police.
A response to the Fetlife post “You are NOT the Police – The
Hazards of investigating Consent or Abuse Allegations within the Scene” on FL
here - https://fetlife.com/users/103811/posts/2179649
First – al-fucking right. A-fucking-Men. Finally.
Halle, paired with, lujah. And
so forth.
Every time I hear this whole blathering shite about “WE
should investigate allegations of abuse/consent-violations/trigger
triggering!”, I really just want to plotz. Especially when it’s followed with this
twaddle - “We should do self-policing and investigation of claims within our
own scene!”
And if those particular British and Yiddish-isms aren’t
enough for you – here’s some more. The
majority of the people yelling this “it must be investigated!” crap are great
bloody minging twats.
Thank you. Moving
the rant on. ..
Allow me to clarify – and if you can’t hear the sarcasm
dripping down your screen, you really haven’t read enough of my rants in the
past.
See, there’s this group.
You may know them. They are for
the most part quite well intentioned and noble minded – they really do have
your best interests at heart. Even when
they don’t seem like it. They aren’t
always all that knowledgeable about certain sub-cultures – but most of them are
willing to listen and learn if you give them the chance and broach the topic
without screaming.
This group? They
have special skills. Special training,
even. They have academic, forensic and
procedural resources, along with psychological and sociological skill
backgrounds. They have advanced
training in detecting inconsistencies in statements, reading body language, and
determining falsehoods through biological evidence. They’re even trained in this amazing little
skill set called “(actual) investigation”.
They are called, oddly enough, the Police. (Funny name, that. You can also call them the cops. Or ‘the fuzz’.)
Unless you are working in that particular field, in an
active field or investigative role, you do NOT have that combination of training. And you should NOT be trying to do your own
version of it. Nor should you offer up
the results of your “investigation” to be “helpful”. That’s not investigation. That’s rumor mongering and invalidates any
actual attempts to get the police involved.
And by the way…collecting the stories of a dozen consent
abuse victims to write together into a public “warning”? Or, for the other side, gathering a dozen
supporters of the alleged offender to start a flame war? That isn’t investigating. That’s slander (or libel) and the beginning
of what might become a lovely little liability lawsuit.
So, lesson so far:
You. Are. Not.
The. Police. You have no jurisdiction to preside over investigations. You have no controlling legal authority to
question, collect statements or detain.
You have no (field specific) training, no experience, no special skills sets
or other resources to “investigate” any damned thing. And as professional investigators will tell
you – it ain’t ever as cut and dried as the witch hunts make it seem.
The funny thing is – I don’t even have to add in “you
aren’t the police, unless you are”. I
don’t, because real cops understand this concept of neutrality. They are aware of this notoriously
unreliable thing called a witness statement, and also know that (ironically
enough) they cannot investigate in the scene either. It’s called a conflict of interest.
(A wonderful catch-22:
if you are a cop who is part of the scene, you can’t investigate those
kinds of claims because you are…in the scene.
The act of investigating it yourself could taint any possible
prosecution.)
So. Are there
horror stories out there about police officers being perceived as being
impolite, rude, or misunderstanding of scene people? Absolutely.
I can also say for a fact (having lived a few of them
myself) that there are people in the scene coming forward to file allegations,
who treated the officers like jack-booted militant thugs who should feel
honored to be allowed to take a victim statement.
So – before you get all ranty about how the police never
do anything for you – and you have to do it yourselves?
Here’s an inside glance into law enforcement – it ain’t
nothing like you’ve seen on TV. Cops
don’t solve your allegations in 30 minutes or less, and they don’t toil
tirelessly on your single allegation with only the tiniest shreds of
information you’ve given them as their only clues. A team of forensic investigators are not
going to go barge into another person’s home to investigate your allegations
that the person violated your consent.
Unless the officer witnesses the alleged crime, charges
aren’t even going to be filed without an investigation. If
there is an investigation, it has to be done by (or supervised by) a Detective
(if his Lieutenant doesn’t tell him to drop the case for lack of evidence). Then the detective has to convince the DA’s
office to prosecute, and get a warrant from the DA or a Judge (depending on the
size of the city/county). Even then,
depending on the criminal caseload of the DA’s office – they may still decline
(even after arrest) to prosecute based on the strength or weakness of the evidence
presented by the police department.
That evidence?
Yep…there needs to be a lot of it.
Not just statements. The real
world isn’t CSI, where a fluff of rabbit hair and a used toothpick will convict
a diabolical rapist. And as a
by-the-by…when you refuse to speak to police about anything in the scene? That’s called denying evidence to the
investigating officer. Which makes it
much more likely the case (and any future cases) will become a low priority for
prosecution.
Even if the officer witnesses the crime, there is still
no guarantee of prosecution. There will
only be an investigation and criminal charges if there is enough preliminary
information to flesh out a report that indicates there will be further evidence
forthcoming.
So. Yeah.
Warning people on a personal basis? Awesome.
That’s called vetting – I’ve written several “how-to” rants on it
already. Good on you.
Telling your friends what happened to you? Brave, courageous even. I hope they support you and help you go to
the police about it. I hope your family,
leather or blood, is there for you as you need them.
You investigating yourself? Not valid.
Could taint any future prosecution.
You creating a long ass list of people who are “abusers”,
all on the hearsay statements of others?
Not a good idea. Could leave a bad
taste in newbies mouths, and it risks civil liability.
You saying “fuck the police” and refusing to speak to or
go to them? Not helping. Makes us seem like a community that doesn’t
care about assisting with prosecution of our own criminals.
-End Rant
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