Murasame

Ahem. This is my first post on such a forum, so I'm hoping I can get some help and useful advice here.

The situation:
I'm currently writing an original fiction short story for a LiveJournal based short fiction zine, centering around a couple who are musicians in the same rock band. The story is inspired by some real musicians, with the characters involved being based on them, but varied enough (changed names, changed song titles, changed details here and there) that it is not real-person fiction.

Some material pertinent to the story is that the main character has not found a new lover in nine years, since his first lover died, that he tends to avoid close contact and relationships and needs to control his environment.

I've decided to have said main character carry a dark secret (tm), based on some rumors of the real-life musician he's inspired by. The dark secret (tm) is that he is an asphyxiophilac and can only, ahem, climax when he's being choked, and the short story centers around his new lover attempting (and succeeding) to find less-potentially-fatal ways to pleasure him.

The legal issue:

I'm worried that the story may be used as "evidence" that I'm into asphyxiation (I'm definitely not) and that someone may make a report that I'm endangering my own life or suicidal. I'm also worried that I may encourage copycats despite depicting the kink as being something not to be desired or attempted.

Advice?

ETA: I've already heard "stop writing," "it's likely not going to get you in trouble," and "consider the consequences." Stopping writing isn't an option (I'm too close to deadline for bb_shousetsu and this is the best way to make the story work that I see), "it's not going to get you in trouble" isn't helpful in legally protecting me from bad consequences, and I'm considering the consequences: that would be why I'm asking for advice.

JHB

Hold on.. reading...


edit:I think that's being a bit too...forgive me... paranoid. If I wrote a book that had a character smoking weed, that wouldn't mean I would be into weed. I think you'll be fine.

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Murasame

I'll forgive you. I've had issues with stalkers, however, who did at one point insist that I'd written a controversial issue from personal experience when I'd written it from research and interest in exploring how it affected the character.

Mostly, I'm asking about the legal issues not for myself, but for how to protect myself if someone, whether it's a fan or a squicked reader or a troll or stalker who's been following me since my online days, decides to get revenge and use my story against me.

Wallmaker

Not sure how a person online would get you personally in trouble... maybe just taken off of the site if someone raised hell. It is just what you say it is, a story. And sure there might be someone with a vendetta against you, but unless that person decides to kill themself by asyphixation and leave a note that it was all you, etc, etc.

If you are worried about a few people in particular... well, that's hard. Becuase I don't know those people or how they'll react. Maybe you don't know them to well either but fear the worst (anonyminity of the internet brings out the best in us, doesn't it?).

The legal issue: There isn't any.

As to your subject matter, you have the message asphyxiation ain't the road to go. That's more than some asphyxiation pieces out there. If someone writes a slasher piece about a serial killer, it's not likely we're going to arrest them and take away their rights.

So the worst is, some person (probably REALLY annoying person) on the internet might raise hell and accuse you of using a real life story. So what if it is a real life story? It's not their business. It could be real. It could be fake. It's the internet for pete's sake. The most they can do is get your article taken down... more likely they'll just be in your face about it. They need a life.


If that doesn't make you feel reassurred... any thoughts on doing a pen name? I guess that's your only real solution if you don't directly own up the piece.

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atmyexpense

What are you afraid of someone doing with your story?

Murasame

I'm afraid that someone will report me as being suicidal or mentally ill and claim that my writings prove I'm a threat to my own life.

Murasame

That does make me feel reassured. I'm mostly worried that someone would report me as suicidal or choking myself, which would of course attract mental health attention and mean emergency hospitalization on suicide watch.

Revenge of ETA: Sorry for the wangst over Hide and my thoughts on mental health ^_^

Wallmaker

Who is going to come after you? What institution trolls the net, looking for potential crazies to round up? How are they going to find where you live? Your ISP is going to giving a generalized region... maybe a state. They aren't going to go door to door looking for you. How are they going to convince anyone that, not only is this fictionalized piece fact, but it's true and has the exact opposite message of the one you are writing about? It's going to take more than something you say is fictional and researched.

Erotic asphyxiation - Wikipedia, the free encyclopedia
Included in the article is a list of TV shows, movies, and fiction about erotic asphyxiation. No one came after these writers.

The only thing I can guess is you're afraid someone you know might read it? If it's a parent or a guardian and they have noted this and other potential warning signs, then you might be sent to emergency mental care? If this is where your worry stems from... then I can't really answer this question because I don't have all the facts.

Lastly, what about a pen name? After that, you are perfectly safe. Even from people you know. Sounds like a solution to me.

-Kay

PS. Sorry if I sound grouchy. Totally don't mean it. It's past my bedtime.

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Pete_C

If I was accused of doing things I've written about, I'd be awaiting trial on charges of dwarf molestation, bestiality, murder, rape, burglary, donkey rustling, fraud, public indecency, living off immoral earnings, poaching, several driving offences and God knows what else.

So you like to jolly yourself off while choking; so what? Just as long as you write about it well. Imagine if you didn't. People would be saying: "You know that bloke that likes to crack one off while he's strangling himself? Well, his grammatic construction is way off!"

alanmt

what's your age? in what country do you live?

if you are a minor writing about such topics, you may elicit some concern.
If you are a writer living in an oppressive (usually religious) regime,you could be violating a morality law.

Otherwise, relax and realize that if you do not have a diagnosable mental illness, your writing alone is not going to result in your institutionalization. Beyond emergency procedures, you are entitled to due process of law in most civilized places. If you do have a diagnosable mental illness, it should be treated, so if someone reports you, you are evaluated, and you need help, they have done you a favor, regardless of their motivation. If you want to protect yourself in advance, pay the $2000 for a prophylactic psych exam which will presumably reveal your lack of mental problem.

If you want to protect yourself from lawsuits, increase your personal liability insurance coverage. If you have limited income and no assets, don't worry about it. If something goes wrong, and there is a huge judgment against you that you can't pay, file bankruptcy.

use a pen name

use a disclaimer: any resemblance to people living or dead is purely coincidental. The subject matter of this story is not intended as an endorsement of erotic asphyxiation.

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StephenP2003

How about you write the story and welcome the lawsuit as publicity for yourself as an author.

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my blog

my book

Murasame

Hey, it's OK. As for who I'm worried about, I've had a couple of stalkers for a few years, and I'm just worried about their actions. I don't have any other potential warning signs so I should be OK. . .

Murasame

I don't, my character based on Yoshiki Hayashi of X Japan does. I think you missed the point of this post: I'm looking for ways to make sure people don't do what you just did.

Sniper McGee

This isn't a bad idea.

I believe ill steal it.

Watch the news .

-Bryce out

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Murasame

Not that I think you're being serious, but I do take plagiarism seriously. My story has copyright established already (I've sent it to my beta readers), and while it's a work in progress, I can prove my creation date.

Of course, if you're referring to stealing the idea of controversy for fiction, I don't mind at all and I'd encourage you to go for it. ^_^