"When the Levee Breaks: A guide to dealing with and avoiding arrest and prosecution in BDSM scenes." 

"When the Levee Breaks" is a companion to the NCSF publication, "The Aftermath," and is a guide to provide a perspective for those who have, through mistake, misunderstanding, or a fleeting lapse of reason, committed an act of criminally actionable sexual assault.  It is not intended to provide a defense for indefensible acts. "When the Levee Breaks" also provides information on how to better protect oneself against arrest and prosecution.

Click to get a PDF of "When the Levee Breaks"

For more information on any of these programs, please Contact Us, email This email address is being protected from spambots. You need JavaScript enabled to view it. or call (410) 539-4824

When you need help and don't know where to turn, NCSF may be able to help. Our Incident Response program helps hundreds of people every year. We make a difference for individuals and organizations facing discrimination, legal crisis and other important life events related to their kink interests. 

Every year, Leather SINS produces two national BDSM events in Chicago: Kinky Kollege and SINSations in Leather. Ever since the Concerned Women for America attacked five Midwest BDSM conferences in 2002, Leather SINS has consulted with the National Coalition for Sexual Freedom to ensure that our events would not face the same problems if we were attacked by religious political extremists.
 
Leather SINS has consulted with NCSF about a variety of issues while producing our events. We asked Susan Wright to accept the position as our media spokesperson, posting her phone number on our website so she can respond instantly to any media inquiries. Susan checks every page of our website for each event, looking for statements and phrases that may need clarification or may possibly cause problems if taken out of context by the media.
 
Leather SINS has gratefully named NCSF as one of our "WE CARE!" charities (along with LA&M). We're proud to be a Coalition Partner of NCSF, and would urge any group to take advantage of NCSF's knowledgeable Incident Response program consultants when producing an event. 
 
In leather heart and soul,
Master Z
Leather SINS President & Event Director 

We contacted the National Coalition for Sexual Freedom to access the Incident Response program. Within hours, we spoke with a highly trained and knowledgeable media and PR consultant for support. In addition to her moral support, we received a meticulous training for our Board of Directors and staff, preparing us to better manage these attacks. Also, the program consultant was able to field all media inquiries - and serve as a positive voice for our community - during our events, so that we could focus on our production duties. We can't thank NCSF enough for their good work and for being there when we needed them.

Demetri Moshoyannis
Executive Director
Folsom Street Events

My relationship with the National Coalition for Sexual Freedom (NCSF) began like many others do. I was neck deep in a conflict that was based in my free expression of my sexuality through my writing. I was asked to leave my teaching position, an agreement was reached and I left quietly without creating a scene. I used to teach in a small, private school in North Carolina, where my daughter also attended school. When I left my teaching position I was assured that it would not affect her last and final year of middle school.

Months passed, and we were within days of her returning to the 8th grade when I received a call from the Head of School that he had decided to rescind his offer to allow her to go to school there. After heated debate, he agreed that she could attend school, but if and only if I could secure a $1,000.00 expense fee to cover her field trips and lunches in advance. It was a bullshit fee, to be honest. It’s not required of any other parent. He knew that we would not be able to come up with $1,000 in a matter of days. This was his way of keeping her out without risking litigation.

So I wondered what led this man, elder in his church, who had given me his word that my child would be unaffected, to suddenly revoke something that we had agreed upon? He said that based on an email to my husband, he had changed his mind. I looked at Marky, while still on the phone, and asked, “Did you exchange any emails in the last month with the school?” Of course he had not. Well the school made a terrible error. They contacted my ex-husband, not my husband. They contacted someone who has no legal custody of our daughter, and based on that conversation had decided that I would no longer be welcome in the parent community.

This happened, I’m sure by no coincidence, at the same time that I received threatening emails from my ex-husband, who suggested that due to my deviant behavior she should come to live with him.

I reacted immediately. First, I raised the money in a raffle that was initially supported by Lochai and quickly built into a huge CommUNITY movement of kinksters who were outraged. Secondly, I contact NCSF and accessed professional advice and consultations through their Kink Aware Professionals (KAP) listing. With the help of the community and the NCSF I felt prepared for battle.

Now, coming full circle, I am honored that my PR firm, Quid Pro Quo, will be working with NCSF on the launching of a new blog. We are doing the work pro-bono to show NCSF our appreciation and to give back to an organization that protects all of us. It feels really great to be in a position to give back. So do us a favor and help us help them. We’ll be asking people to re-post and tweet links and I hope you’ll consider it your way of giving back to such an amazing organization.

Catalina Loves
Best Sex Bloggers
Fetlife

The NCSF Incident Reporting & Response Team's purpose is to provide assistance to individuals and groups within the alternative sexual expression communities who become victimized by actions of local authorities in opposition to the freedom of expression of SM, leather/fetish, or swing practices.

 NCSF is not legal aid, nor do we offer specific legal advice for individuals. NCSF is a resource for the members of the kink, poly and Lifestyle communities and for people seeking information about them. NCSF provides publicly available information on kink and nonmonogamy for consenting adults. We advocate on behalf of the BDSM, swing and polyamory communities.

The issue must openly, directly, and specifically relate to BDSM, swing or poly activities between consenting adults; in other words, the problems you face must relate to or be caused from your involvement in BDSM, swing or poly without question.

NCSF is a resource for the members of the kink, poly and Lifestyle communities and for people seeking information about them. If you engage in BDSM, fetishes or non-monogamy practices, and you are being persecuted or discriminated against because of it, please contact NCSF through the Get Help Now. If you need help removing kink or non-monogamy as a barrier to public services, please contact NCSF. If your group or business needs help with outreach to local officials, please contact NCSF.If you or your group needs help with a consent violation or sexual assault, please contact NCSF.   GET HELP NOW!

The issue must openly, directly, and specifically relate to BDSM, swing or poly activities between consenting adults; in other words, the problems you face must relate to or be caused from your involvement in BDSM, swing or poly. 

NCSF is not legal aid, nor do we offer specific legal advice for individuals. NCSF is a resource for the members of the kink, poly and Lifestyle communities and for people seeking information about them. NCSF provides publicly available information on kink and nonmonogamy for consenting adults.

Incident Reporting & Response – 1st Quarter 2018 report

By Susan Wright
Director of IRR

NCSF’s Incident Reporting & Response received 87 reports & requests for assistance from individuals, groups and businesses in January, February and March 2018. That was almost twice as many as the 46 reports & requests in the 4th Quarter 2017, and 38 requests in the 1st Quarter 2017.

NCSF maintains the confidentiality of those who come to us for help. However, we balance that need with the need to report the services we are providing and to provide the community with a record of where the need is the greatest.

Here is a breakdown of the cases we dealt with in the 1st Quarter of 2018:

Criminal

There were 40 requests for resources and information involving criminal legal matters – twice as many as the 19 requests we received in the 4th quarter:

• 31 of those requests came from kinky or non-monogamous people who reported an assault, sexual assault, harassment or vandalizing.
• 7 people requested resources and referrals to attorneys or mediators to assist in defending themselves against a restraining order or accusations of assault, sexual assault or harassment.
• 2 people needed assistance with sex worker-related issues.

Groups

29 groups were involved in incidents compared to 14 groups in the 4th quarter of 2017:

• 22 groups needed help dealing with consent incidents
• 4 incidents involving individuals needing assistance resolving a consent incident with their group
• 1 group, FetLife, was reported by 26 members after the new picture search exposed them to a much wider audience, and blocked people can find their photos when their name is searched (subsequently changed to Friends/Following only)
• 1 group was dealing with its membership records being subpoenaed after an assault
• 1 group requested NCSF be a backup to their Consent Response Team during their conference

Child Custody & Divorce

There were 7 requests for resources and information regarding child custody, slightly elevated from the 5 who reported in the 4th Quarter of 2017:

• 4 involved BDSM (1 with FetLife photos)
• 1 involved sex work
• 1 involved same-sex marriage
• 1 divorce case involving a Master/slave contract

Civil

7 requests, compared to 5 requests in the 4th quarter 2017:

• 3 people needed employment attorneys to deal with discrimination due to BDSM (2) and non-monogamy (1)
• 1 person needed assistance with legal matters after a non-monogamous breakup
• 1 educator needed to find out the legality of a certain kind of BDSM play
• 1 person complained about social media discrimination
• 1 witness needed assistance in a privacy matter regarding their participation in a criminal trial

Professional

4 professionals requested education on BDSM & consent, translation of educational resources (Hebrew), and information needed to pitch a kink documentary.

2017 Incident Reporting & Response

By Susan Wright

In 2017, 170 reports and requests for help were received. Compared to previous years: 109 requests in 2016, 198 requests received in 2015, and 184 requests received in 2014. NCSF maintains the confidentiality of those who come to us for help, however we balance that need with the need to report the services we are providing and to provide the community with a record of where the need is the greatest.

Here is a breakdown of the cases the IRR Team dealt with in 2017:

Criminal

76 people made reports & requested help, twice the number of requests in 2016, but similar to the 72 requests in 2015:

57 requests from people who reported an assault, sexual assault or harassment involving BDSM or non-monogamy. In 2016, there were 16 reports.

16 people requested resources and referrals to assist in defending themselves or the person they accused of assault, sexual assault or harassment.

3 people needed help with sex worker related issues

Groups

42 groups and businesses requested assistance. Compared to 24 reports in 2016, and 50 reports in both 2015 and 2014.

20 Groups received information on dealing with consent violations.

9 Groups were exposed, harassed, defamed or reported to law enforcement. 2 involved the media.

4 Events had their contract threatened, canceled or not renewed with their hotels.

6 Groups needed assistance with organization and zoning issues.

3 Groups needed assistance with issues involving obscenity law (1 with credit card processing).

Child Custody

27 people requested help with child custody cases. There were no divorce cases. Compared to 16 reports in 2016, 26 in 2015, and 37 in 2014:

13 involved BDSM (with 1 involving photos taken from FetLife)

7 involved polyamory

2 involved both BDSM and polyamory

3 involved sex work

2 involved gender identity

Civil

13 requests for assistance in civil issues:

6 people were threatened with/or outed (2 involved FetLife photos).

3 involved a defamation lawsuit or accusations of defamation.

1 involved a security clearance.

1 involved a member dealing with a group ban,

1 filed a lawsuit to get back moneys owed.

1 involved legal liability risks of publishing a book,

Professional Education

10 professionals requested education on BDSM, consent, the DSM and translation of educational resources to better serve their clients or present workshops for their professional groups. These requests came from researchers, professors, graduate students, clinical therapists, prison advocate and victim advocacy agencies.

Additional Requests

There were 2 other requests for informational resources and/or referrals to Kink Aware Professionals:

1 was looking for low cost PrEP

1 involved immigration issues over polyamory, w/info gathered through social media.

If you need NCSF’s help because of discrimination or to remove kink as a barrier to service, please contact our Incident Reporting & Response today! Email This email address is being protected from spambots. You need JavaScript enabled to view it.

Please join now or donate to support NCSF’s direct services!

NCSF is not legal aid, nor do we offer specific legal advice for individuals. NCSF is a resource for the members of the kink, poly and Lifestyle communities and for people seeking information about them. NCSF provides publicly available information on kink and nonmonogamy for consenting adults. We advocate on behalf of the BDSM, swing and polyamory communities. 

Unfortunately, due to limited resources the NCSF is only able to take the cases that meet the criteria set by our mission. All of our work is done by volunteers and we accept no payment for our services.

We are however happy to receive donations earmarked specifically for use in the IRR Program. Click here to donate,  Make sure you note "Incident Reporting & Response" or "IRR" in the comment box if you want to restrict your donation. We do provide basic information as resources dictate and referrals to professionals as part of our Kink Aware Professionals database.

The criteria for acceptance listed were developed to meet the primary concerns of our voting constituencies, our Coalition Partners. When the NCSF agrees to take a case the impact can be realized by all of our constituents as a whole and therefore it is up to the policies set in motion by NCSF Coalition Partners to decide whether existing resources allow for a case to be handled effectively.

NCSF Publishes Important Information for Your Mental Health; NCSF and the Foundation are proud to announce two new and valuable publications: A Guide to Choosing a Kink-Aware Therapist, and the Therapists Guide to Polyamory.

The BDSM Survey is up. Take a look!

If you are seeking a Kink Aware Professional (KAP).
Our KAP program allows professionals who are friendly to BDSM, swing, and poly individuals to list themselves as "kink friendly." It serves as a resource for people to self-refer for help from theraputic, legal and other professionals who will not prejudge based on the consensual adult activities of our constituents. We've recently added documents for "How to Choose a Kink Aware Therapist" in long and short form as well as a booklet geared for those in the theraputic community that focuses on poly issues. 

If you are seeking assistance or our Incident Response Program
Criteria for acceptance include consideration of whether a significant issue relevant to NCSF's primary constituencies is at stake, what  impact can be realized for our constituents as a whole if NCSF gets involved, and whether existing resources allow for a case to be handled effectively.