65 Comments
User's avatar
Katie Bausler's avatar

So sorry for this crazy making situation you endured. The big question I have is as nonfiction writers, how do we best protect ourselves from this kind of horror?

Lynn Haraldson's avatar

That's my question, too. When we rely on our journals - as old as they might be - to write from a place of truth, how would that be interpreted in court?

Yi Xue's avatar

What a horrible situation, I am sorry for what you have been through Sari!

Lately, I have been thinking about this too, in the wake of the amount of personal data that's out there on the internet (if you care to look for it, you'd be shocked), what AI can do with the data, how much involuntary surveillance is out there, and the list goes on. There is really no real privacy left. The risk we as writers have to take for being authentic, being vulnerable, and being brave is looming above us and getting ever so real, which sometimes really makes me think twice before I write anything, anywhere.

Cheryl Railey's avatar

Just joined this Substack (altho I follow you on your other ones)- question: how did they know you kept a journal and that the journal would be relevant to the case?? I’ve also journaled forever and this is truly the most heinous invasion of privacy I’ve ever heard of! So sorry this happened to you - including a pitbull at your door.

Sari Botton's avatar

Thank you, Cheryl. I was interviewed by NY Magazine about the case, and that led to a subpoena of all my correspondence with the person. In one of my emails, I mentioned a journal entry, and that led to the subpoena of the journal.

Bonnie.'s avatar

What the FUCK. I didn't know that was a possibility. I even get uncomfortable when people's journals are published posthumously unless the person gave explicit permission.

Louise S Williamson's avatar

I am new to Substack, so the algorithm is still getting to know me. I had a visceral response to this piece. My ex-husband read a couple of my journals when we were separating and, rather than apologise for the gross boundary violation and invasion of privacy, he authorised his legal counsel to cross examine me on the contents with the aim of establishing that as I was already suffering harm prior to separation, any post-separation harm was just business as usual. This was a different situation to your experience, but close enough for me to be able understand how exposed and vulnerable you would have felt.

Sari Botton's avatar

I’m so sorry you experienced that. Thank you for letting me know you relate. 💕

Lisa Sumner's avatar

I’m horrified to my core. I hope it helped to share this.

Sari Botton's avatar

It did. 💕

Andjela writes books's avatar

Wow, I am so sorry you had to go through that! I never heard of a journal being subpoenaed as even a possibility! It makes sense that journaling felt unsafe for a while.

Robert Burke Warren's avatar

Christ what a nightmare. So so sorry. About the horrifying subpoena shit and the depression. Very glad you’re feeling better. Let’s hang in real time. Will slide into your DMs…

Sari Botton's avatar

Thank you, and yes! Been meaning to have you guys over…

Mary Austin (she/her)'s avatar

Ugh. I can't even imagine the feeling of invasion. Plus the expense of those smart lawyers. I'm so sorry for all this deep distress.

Sari Botton's avatar

Thanks, Mary.

Michelle Levy's avatar

I can’t wrap my head around this and don’t want to become afraid to write with reckless abandon… but I can’t unsee this. Yet, I’m glad you shared.

Jolene Handy's avatar

😳 Sari! Makes me so mad! 😡

Sari Botton's avatar

Thank you, Jolene. 💕

keishya/glider's avatar

YIKES...in all caps for sure...what a crazy situation. And I am glad you are through it enough to write and in a way warn the rest of us journals are SACRED I had NO IDEA they could be subpoenaed. Maybe we need to use etch-a-sketch...lol but no then we would not have the opportunity to look back at the entries down the road for perspective and reflection.

Tina Storey's avatar

Holy shit, that is horrendous.

Jen Gilman Porat's avatar

OMFG. I am so sorry this happened to you. How awful.

Sari Botton's avatar

Thanks, Jen.

Jane's avatar

I have learned from experience that writing longhand and immediately shredding are one option. Obviously won’t work if you like to refer back to what you’ve previously written.

Amanda Leigh Lichtenstein's avatar

what a nightmare scenario, i am so sorry you experienced this. on a separate note, i shredded nearly all of my handwritten journals and while i sometimes wish i still had them for reference, i do feel a sense of peace that noone will ever have access to these personal documents! a little glass bottle of paper confetti from the shreds is all that remains.

Sari Botton's avatar

I’ve thought about that… This was a journal in a Word doc.