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Anonymous Post: Is this assault?

Swiss Banker said:
Here's New York Penal law § 130.05:

"Sex offenses; lack of consent."

1. Whether or not specifically stated, it is an element of every
offense defined in this article that the sexual act was committed
without consent of the victim.
2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or
(c) Where the offense charged is sexual abuse or forcible touching,
any circumstances, in addition to forcible compulsion or incapacity to
consent, in which the victim does not expressly or impliedly acquiesce
in the actor's conduct...

3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless [...]

Whacked out on downers strikes me as pretty clearly within the meaning of § 130.05 (2)(c)-(d)

Your state/country may vary.
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So a woman waking her boyfriend up in the morning with a BJ, has no concent. OMG ITS A FUCKING CRIME CUT HER FUCKING HEAD OFF!!!!!!!!!!!!!! CRIMINAL ZOMG..............
 
9mmCensor said:
So a woman waking her boyfriend up in the morning with a BJ, has no concent. OMG ITS A FUCKING CRIME CUT HER FUCKING HEAD OFF!!!!!!!!!!!!!! CRIMINAL ZOMG..............
Click to expand...

Write your state legislator.

After a fashion, the wording of this law is to protect women from the borderline consent cases. Personally, I think it's bad news, and puts too much power in prosecutorial discretion- but then, I'm not a legislator.
 
Swiss Banker said:
Write your state legislator.

After a fashion, the wording of this law is to protect women from the borderline consent cases. Personally, I think it's bad news, and puts too much power in prosecutorial discretion- but then, I'm not a legislator.
Click to expand...
I don't give a fuck about this bullshit. I aint writing no letters. Easier to simply abstain from sex completely to avoid a whole world of legal_retardation/drama/bullshit.

I just like expressing how fucking retarded shit is.
 
response from anonymous:

I'm ammased at how many of you feel it is none of my busines ... I havnt given you the complete details of there relationship and there are key bit missing from the BIGGER picture admitedly but ....


to say it is non of my business ... domestic violence, rape, child abuse, bullying .... they are ALL OUR RESPONCIBILITY!!

Just cos it happened in this "relationship" and things turned out ok ... what to say its not goin to happen in another. I get fucking annoyed by people thinking "oh it doesn't effect me so I'm not getting involved. YOUR the reason the human race is in decline!!

Stop being so selfish and think about how other people may feel, react in a situation.

Untill you have (and I have for 4 years) work with rape victims you will have little understanding about how they think!!

Just so you know... I will be talking to the guy in question tonight and letting him now my feelings and if I ever hear about another incident like this where it wasnt pre-planned (for some sick rape fantisy) put the man in hospital.
Click to expand...
 
OP, Answering a situation like this with violence really serves no purpose. I think the bigger issue you seem to be struggling with here is that you're friends with this guy. The information was shared with you, intentionally, by the female - making it your business in a roundabout way. Not your business to report, that's her decision, but she made it your knowledge.

The question now is what you do with that and how it changes your friendship with this man.

9mm, I understand the fine line you're pointing out here, but seriously, waking someone up for sleepy sex or blowjobs is a far cry from fucking your girl while she's completely unconscious from drugs. :\
 
"Just so you know... I will be talking to the guy in question tonight and letting him now my feelings and if I ever hear about another incident like this where it wasnt pre-planned (for some sick rape fantisy) put the man in hospital."
The fact that you threaten to harm someone is disgusting.

"Untill you have (and I have for 4 years) work with rape victims you will have little understanding about how they think!!"

If you have such a lengthy experience with working with rape victims how are you so ignorant to the legal issues here?

"Stop being so selfish and think about how other people may feel, react in a situation."
Yeah stop thing about how the person in this situation didn't find it to be a problem, and leave it there. Stop trying to find/make a problem.

"YOUR the reason the human race is in decline!!"

haha.
 
I'm ammased at how many of you feel it is none of my busines
Click to expand...

Stop being so selfish and think about how other people may feel, react in a situation.
Click to expand...

I think YOU need to stop being so selfish and interposing yourself in this girl's consensual relationship with her boyfriend. This is their private life. Yes, she's shared it with you, but not because she wants your intervention- at least not given the facts you have outlined here. It is starting to sound like jealousy, masked as protective outrage. Especially here:

I will be talking to the guy in question tonight and letting him now my feelings and if I ever hear about another incident like this where it wasnt pre-planned (for some sick rape fantisy) put the man in hospital.
Click to expand...

Then contrast this with:

YOUR the reason the human race is in decline!!
Click to expand...

No, this kind of premeditated violence is the reason the human race is in decline. And, you too will have committed a felony if you follow through.

If you want to tell us more facts and give us more reason we should be outraged, please do.
 
Question, the first post was unclear, where drugs taken by both parties?

QuestionEverything said:
9mm, I understand the fine line you're pointing out here, but seriously, waking someone up for sleepy sex or blowjobs is a far cry from fucking your girl while she's completely unconscious from drugs. :\
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I merely illustrate the flaws in things.

I don't try to create a de facto judgment on the situation, because I don't have nearly enough information to base any meaningful opinion on it. This is third person info, with what I perceive to be a bias, with much factual information withheld (np with that we need privacy).
 
I have put it here as it was given to me. The original post says, "they had 30mg Temazepam."

The only change made for privacy is removal of the OP's name from the pm's that I get, nothing more, nothing less.
 
QuestionEverything said:
I have put it here as it was given to me. The original post says, "they had 30mg Temazepam."
Click to expand...
I know but thats not real specific.

They each had 30mg of Temazepam.
They had 30mg of Temazepam and split it.
They each had 30mg of Temazepam and she ate it all.

???
 
QuestionEverything said:
9mm, I understand the fine line you're pointing out here, but seriously, waking someone up for sleepy sex or blowjobs is a far cry from fucking your girl while she's completely unconscious from drugs. :\
Click to expand...

Agreed, but I doubt she was literally and completely unconscious. The OP said she was on Benzos. Even if she was partially or wholly conscious for a portion of if she may not remember anything.
 
^That's possible. Temazepam certainly does have the potential to knock someone out that cold though.

I've asked the OP to clarify some details. I'll update when I get a response.
 
QuestionEverything said:
^That's possible. Temazepam certainly does have the potential to knock someone out that cold though.

I've asked the OP to clarify some details. I'll update when I get a response.
Click to expand...

It doesn't matter, really, from a legal perspective. Think of it this way, if you're not able to drive you are legally impaired. Many states use the same standard for ability to give consent.
 
Swiss Banker said:
Here's New York Penal law § 130.05:

"Sex offenses; lack of consent."

1. Whether or not specifically stated, it is an element of every
offense defined in this article that the sexual act was committed
without consent of the victim.
2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or
(c) Where the offense charged is sexual abuse or forcible touching,
any circumstances, in addition to forcible compulsion or incapacity to
consent, in which the victim does not expressly or impliedly acquiesce
in the actor's conduct...

3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless [...]

Whacked out on downers strikes me as pretty clearly within the meaning of § 130.05 (3)(c)-(d)

Your state/country may vary.
Click to expand...

Absolutely agree with all the posts by S_B.

I'm actually very disconcerted with the vast amount of pejorative posts made in this thread

I have my opinion, and I'm entitled to voice it without bein flamed. Debate and discussion is a constructive and postive thing, not flaming. IMO what has occurred certainly legalistically constitutes assault AND battery. The imperative is CONSENT, whether implied or verbalised.

Although indeed the comment that a 'horny guy' would go for it with a chick that's out of it, I hope and believe was an attempt at sardonic humour. I can take a joke, I have a 'sick SOH' at the best of times! There is an incredibly small proportion of men who would get off on that sort of thing however.

There is currently a Coroners case taking place in which a woman was purposefully OD'd on Juice (Aussie slang for GHB) and was subjected to the most depraved sexual assault - cos she was out of it - NOT HER FAULT,she had her drinks spiked. Following the rules of LOGIC (ie - look up Plato) of some of the arguments posted, there appears to be a poor understanding and discussion of ethics.

Being sexually active with a person who is out of it and doesn't know what the hell is going on is definitely rape. Where is the consent??????? I can't think of one sound rationale as to why this is ethically acceptable.

On the issue of role play / BD-SM: This is an aspect of sexuality that we may choose to explore - there are two (or more!) consenting adults! No one is unconscious at the initiation of the act.

The woman in the original question may possibly be young / niave and is saying things are ok, but is trying to come to terms with it all; this is only a suggestion and only she knows the answer. I AM NOT MAKING ANY ASSUMPTIONS REGARDING THIS.

Hmm, quite a vexatious post. I feel for the friend also.

:\ Isis
 
Swiss Banker said:
Doesn't carry a 5-20 year sentence though.
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you can go to jail for 5 years for possession of marijuana. haha the legal system is fucked.

The law can be wrong.
 
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