You be the judge - sexual assault?

Discussion in 'The Cesspool' started by Beer w/Straw, Sep 21, 2018.

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  1. sideshowbob Sorry, wrong number. Valued Senior Member

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    At least you're mercifully brief for a change. For the next step, you might try to make a point briefly.
     
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  3. sideshowbob Sorry, wrong number. Valued Senior Member

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    I said that you can't insert specific emotions into a person's mind. You might try to instill fear but instill anger instead. You might try to instill sympathy but instill contempt instead.

    What has that got to do with propaganda? Do you think propaganda is a precision tool?

    Smart people are less likely to make that mistake.

    One yardstick is "likes". Wanna compare?
     
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  5. Tiassa Let us not launch the boat ... Valued Senior Member

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    The degrees of stupidity disguised as pedantry observed amid rape advocacy↑ are unfortunately unsurprising.
     
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  7. sideshowbob Sorry, wrong number. Valued Senior Member

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    Is that tangle of a "sentence" suggesting that I'm advocating rape? What I said was, "If a woman doesn't notice that she's been "assaulted" is there a crime?" That's a question.

    If I ask, "Do you like ice cream?" would you interpret that as ice cream advocacy?
     
  8. Tiassa Let us not launch the boat ... Valued Senior Member

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    You responded to BwS proposition↑ that stealing a dollar from Bill Gates is a criminal offense. What you said↑ was, "It shouldn't be".

    It's not my job to write for you the argument by which you might be correct, because it is a weird and jurisdictionally variable matter of classification, like when speeding becomes a "crime". What you did offer—

    To me, if somebody "steals" from Bill Gates and he doesn't notice the "loss" then there's no crime. If a woman doesn't notice that she's been "assaulted" is there a crime?

    (#8↑)

    —compares the question (i.e., "That's a question") to the proposition that something should not be a crime.

    Such as it is—

    —the effect of rape advocacy is apparent.

    Or would you prefer a more generalized phrase like, "sexual violence advocacy"?
     
  9. billvon Valued Senior Member

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    Pretty easy one - the answer there is yes.

    Dead men don't remember that they were killed; it's still a crime.
    If you pickpocket $20 from someone and they don't notice, it's still a crime.
    If you batter someone (say, you break their neck) when they are under anesthesia - it's still a crime.
    If you use rohypnol so a woman won't remember a rape, it's still a crime.

    Not having a memory of the event makes it much harder to prosecute a crime. But it's still a crime. The action is the crime, not the memory of it.
     
  10. sideshowbob Sorry, wrong number. Valued Senior Member

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    If I ask you, "Do you like ice cream?" am I advocating ice cream?
     
  11. sideshowbob Sorry, wrong number. Valued Senior Member

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    Where do you draw the line?

    If he peeks in her window and she doesn't know about it, is that crime? Most jurisfictions would say yes.

    If he passes her on the street and later on he fantasizes about her, is that a crime?
     
  12. Beer w/Straw Transcendental Ignorance! Valued Senior Member

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    I'm not so sure. Let's say I get enough evidence of having my husband of years humping my leg while I'm unconscious, I may still not want to press charges. However, if I were 16, I may still not want to press charges, yet the police may still press charges of sexual assault regardless.

    I'm not a lawyer AND this is a most ridiculous scenario, so am not 100%. This is what Google gave me:

    Criminal charge. A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including: complaint.
    https://en.wikipedia.org/wiki/Criminal_charge
     
  13. Jeeves Valued Senior Member

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    What he does in his own head does not come under jurisprudence.
    What he does in the world comes under jurisprudence.
    Simple enough line to draw.
     
  14. sideshowbob Sorry, wrong number. Valued Senior Member

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    But I'm talking about a hypothetical case in which the world doesn't know he did anything. As I said in message #8, "If a woman doesn't notice that she's been "assaulted" is there a crime?"
     
  15. billvon Valued Senior Member

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    In the case you described, you could try - but would likely fail.

    "Humping the leg" of a consenting woman is not a crime. And for a couple that has sex regularly (including kissing, fondling and "humping legs") consent is implied unless withdrawn.
     
  16. billvon Valued Senior Member

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    Nope. Note the critical word "action" in my post above. You have to actually commit a crime, not just think about a crime.
     
  17. sideshowbob Sorry, wrong number. Valued Senior Member

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    What action are you doing by looking through a window?
     
  18. billvon Valued Senior Member

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    Invading a person's privacy by trespassing.
     
  19. sideshowbob Sorry, wrong number. Valued Senior Member

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    What if he isn't trespassing?
     
  20. billvon Valued Senior Member

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    If he does it openly then it's not illegal. In other words, if a woman lives in an apartment on a sidewalk, and someone looks in her open window while she is changing - not a crime. However:

    -If he does this secretly, it's a crime. (i.e. hiding in a van with a pair of binoculars.)
    -If he photographs her, it's a crime.
    -If she closes an external shutter to keep people from looking in, and he opens it to see her, it's a crime.
    -If he walks around to the side window to get a better view (side window being non public property) it's a crime.
     
  21. sideshowbob Sorry, wrong number. Valued Senior Member

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    So, not quite as simple as some people suggest.
     
  22. Beer w/Straw Transcendental Ignorance! Valued Senior Member

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    A correction, there is a mandatory minimum sentence for sexual assault if the victim is under the age of 16. Nonetheless, I wish I picked a different crime like that of streaking residents in a retirement home...
     
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  23. billvon Valued Senior Member

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    You were asking whether fantasizing about someone is a crime. That is a very simple question to answer - no.
     
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