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Dysfunctional legal system


CBH1926

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9 minutes ago, Johnny Shotgun said:

Judges are just lawyers who left the cesspool.  Some will rob you with a six gun others a fountain pen.

Why does medical research now use lawyers instead of lab rats?  There are things even rats won't do.

Politicians, Lawyers and Car Salesmen all at the bottom of the ocean. 

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9 hours ago, Lancaster said:

 

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. 

 

R v JA

 

A very polarizing case. It established that consent must be continuous and that no one can consent to being sexually touched while unconscious. The decision went all the way to the Supreme Court of Canada and the justices were split 6 to 3 on the ruling. The 3 dissenting judges actually had a pretty compelling argument but it would open up for a lot of wiggle room with regards to consent. The problem with this case is that the complainant brought it forward 2 months after it happened because the guy was threatening to take sole custody of their child. She recanted her complaint but the case went ahead anyway.

 

R v Ewanchuk is the decision I'd recommend reading. Consent is based solely on the subjective mind of the person giving consent. If, in their mind, they are not consenting, but their actions may say otherwise, there is no consent. Honest and mistaken belief is a possible defence for the accused, although judges are remiss to put a concrete definition on what "honest" means in this instance. 

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