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Dysfunctional legal system


CBH1926

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Just now, CBH1926 said:

Nova Scotia judge, has ruled that a woman who is drunk can give consent.

Even though she was passed out and unable to control her bodily functions.

I wonder where these judges get their degrees, Cracker Jack box perhaps?

 

http://www.cbc.ca/news/canada/nova-scotia/bassam-al-rawi-taxi-cab-sexual-assault-halifax-1.2875142

 

 

We had a judge here (West Van I think?) who made a ruling stating a five year old child was sexually aggressive.  Compete stupidity.  

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52 minutes ago, CBH1926 said:

Nova Scotia judge, has ruled that a woman who is drunk can give consent.

Even though she was passed out and unable to control her bodily functions.

I wonder where these judges get their degrees, Cracker Jack box perhaps?

 

http://www.cbc.ca/news/canada/nova-scotia/bassam-al-rawi-taxi-cab-sexual-assault-halifax-1.2875142

 

 

Men who otherwise can't get anyway would agree with the judge.

 

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Intoxicated by the legal definition is .08 alcohol content. Consent isn't a significant issue at that point. Unconscious is a different story obviously, but where is the cutoff point in between that can be proven in court? Or, from the article the OP failed to quote:

Quote

Elizabeth Sheehy, a member of the University of Ottawa's faculty of law who teaches sexual assault law, said there's no clearly defined legal or medical line for when "intoxication or incapacitation crosses into incapacity to consent." It makes such cases particularly difficult.

That said, this case does not appear that close to the ambiguous legal line, and the judge's comments (and the tone of those comments) are very worrisome beyond the truthful statement that someone who is at a minimum of legally drunk is still able to give consent. To say there was no question she was drunk puts her firmly in the "can't consent" category for me and the cabby sounds like he took advantage based on the evidence we know of.

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I don't doubt the POS is guilty AF, but this is also a problem in Sweden, where they've defined that any type of intoxication nullifies a person's ability to consent. It has on occasions led to men and even women being "revenge" accused. 

 

There was discussion here about putting consent apps into law, but there again they can always be forged. Unfortunately this is always going to be a problem, but there should be some burden on this POS for going through with it.

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27 minutes ago, King Heffy said:

The only reason I can justify this in any way is no judge would convict a woman for jumping on a passed out guy and doing her thing.

 

What?  How would that even work if the guy is passed out?  The judge in this case ruled stupidly.  

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1 minute ago, cookieeater55 said:

'When he drives long hours, he does so with his pants unbuttoned'

.......... wtf did i just read ..... 

 

http://www.cbc.ca/news/canada/nova-scotia/bassam-al-rawi-halifax-taxi-driver-facing-sex-assault-charge-can-work-again-1.3194315

Guy is a friggin disgusting pig.  Buy larger pants that fit more comfortably.  

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Being unconscious, or so drunk you're barely coherent, yes. You can't give consent when you're that intoxicated.

 

That being said, there is a level of personal responsibility here. It's not right for someone to go out, get drunk, give their consent while seeming coherent/not piss ass falling down the stairs drunk, only for them to regret it the day after and say they were taken advantage of.

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Isn't there some law that if you're totally wasted but you went out an max your credit card to buy a yacht.... that you can legally void the transaction once you get sober?

Just weird that there's some law on the book that protect your money when drunk more than your own personal well-being when drunk.

 

Yet alternatively, I believe I heard of a case where some guy and some gal was engaging in some of them kinky stuff.  Anyways, she requested the guy to choke her to unconsciousness and then do the deed.  He did exactly what she asked for, but I'm not 100% certain, but she later went and charged him with rape since she couldn't have consented for sex as she was unconscious.... even though she requested it when she was conscious.  I think the court agreed in her favour. 

 

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