Questions tagged [sexual-assault]
The sexual-assault tag has no usage guidance.
79 questions
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What jail time would be imposed for felony false imprisonment plead down from 4 felony rape? [closed]
In California, what is the amount of jail time given for a felony false imprisonment conviction in a guilty plea from rape charges?
I’m asking in general and I am also interest in knowing how often no ...
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Is it ethical for Victims Advocates to Be Paid By District Attorney Offices [closed]
I recently spent 2.5 years tied up in a case as a sexual assault victim. Since I had been intoxicated at the time I only had the knowledge that this person was over me and with his pants down, I asked ...
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Man and woman get drunk and have sex; does this make any of them a rapist? [duplicate]
This poster appeared on Reddit with 5.9K upvotes and 1.3K comments (as of 01:24 CET):
source: only one gender has to consent while drunk, and the other one is a rapist. on r/facepalm
I reviewed some ...
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What is “sexual touching”?
Canadian case law and perhaps other jurisdictions’ make a big deal of “sexual touching” as a repeated term. How is this defined?
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What are some examples of reasonable steps that may be taken to ascertain sexual assault complainants’ consent?
In Canada and perhaps other jurisdictions, an available defence for sexual assault accusations is that the defendant can show that they had taken reasonable steps to ascertain the complainants state ...
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Is this sexual assault or any other crime?
A scene from the film Derailed often invites comments to the effect that the depicted tactic is a good way to end up in the back of a police car. (In it, a man bets a woman he can kiss her without ...
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Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her
So a woman met someone at the bar who told her he was a guy. Everyone refers to the individual as he/him and the couple even had a conversation that brought up the fact that she was straight.
Because ...
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Can ambiguous or passive conduct imply consent?
In Canada,
an accused cannot point to his reliance on the complainant’s silence, passivity, or ambiguous conduct as a reasonable step to ascertain consent, as a belief that any of these factors ...
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Is there any reason a 24-year-old healthy woman could not consent to sex with her stepfather?
I just came across this news (based on E v R [2023] NZHC 2829).
To summarise:
A 24-year-old woman happily goes to sleep in one bed with her stepfather and her mother (stepfather's partner).
During ...
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In an opposite-sex sexual assault case, is "I'm homosexual" a valid defense?
Let's say Alice is sexually assaulted by a man, and circumstantial evidence pinpoints Bob as the attacker. Can Bob claim that, because he is homosexual/asexual, he does not find Alice sexually ...
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Is defending oneself from a sexual assult a defence for murder?
A man forces himself on a woman with no threats of violence, no deadly weapon and he doesn't even hit her, he simply just physically overpowers her. This occurs in the kitchen and she is able to grab ...
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Liable of sexual abuse in civil case and no prison time?
It was reported a few minutes ago that Trump Is Found Liable for Sexual Abuse in Civil Case, but "Its findings are civil, not criminal, meaning Mr. Trump has not been convicted of any crime and ...
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Why wasn't Trump criminally charged for sexually assaulting E. Jean Carroll?
E. Jean Carroll has sued Donald Trump for battery. But battery is also a crime. Is anything known, or can we make any reasonable inferences, about why New York State hasn't charged him for battery?
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Who do I contact regarding DA not charging sexual assault offender [closed]
I was sexually assaulted which injured hip and psoas muscle, told DHHS bc im and was disabled & offender was DHHS CWS , filed police report 5-29-21 a year later Salem crime survivors a lady named ...
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How often do people who make complaints that lead to acquittals face repercussions for making false complaints?
In response to a recent question and others related to it, it appears that defendants who are found guilty, despite lying, are rarely punished further apart from the conviction.
However, what happens ...
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A had sexual intercourse with B because A misidentified B as her boyfriend. Did B committed sexual assault?
B has similar facial characteristics with A's boyfriend, C. A had sex with B with both sides' consent. B did not lie about his identity.
Later A find out that B is actually not her boyfriend. Does A ...
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Could an international organisation be sued in New York, if they have a presence there but the crime happened overseas?
Using sexual assault legislation as an example.
New York State Senate passed the Adult Survivors Act in June 2021. This act created a one-year look back window for survivors of sex crimes who were 18 ...
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Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?
Alice and Bob, both unmarried adults, engage in consensual intercourse. Alice lies to Bob about her use of contraception or sabotages Bob's use of contraception, and as a result, Alice becomes ...
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Countries where being too drunk to consent does not apply?
Are there any countries where the victim being too drunk to consent is not sufficient to criminally pursue the perpetrator for a sexual offence?
For example, a girl goes into a bar and voluntarily ...
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How drunk is too drunk? How does the law reconcile being drunk in sexual assault vs other crimes?
One thing that concerns me about sexual assault court cases is the following:
In sexual assault cases:
an intoxicated person is said to be unable to give legal consent to intercourse.
In other ...
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Is alcohol considered a date-rape drug? What if both parties were intoxicated? [duplicate]
Background context
Date rape is said to occur when one person uses drugs to incapacitate another person and then engages in sexual intercourse without their consent.
It is generally understood that ...
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If sexual consent is gained by deceit or misapprehension, is the resulting sex legally a rape?
In Arthurian legend, the wizard Merlin magically disguises Uther Pendragon to look like his enemy Gorlois, enabling Uther to sleep with Gorlois' wife Lady Igraine; thus conceiving the child that would ...
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Is “dry humping” someone under 18 considered rape? [duplicate]
Can fully-clothed dry-humping someone under 18 without consent count as rape in the state of Arizona?
And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the ...
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Who has jurisdiction on an International flight in international airspace in a sexual assault case?
This question relates to a recent sexual assault case of a passenger on an airline from Newark, NJ to London, England as published at the Daily Mail.
No details are available in this article as to the ...
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Liability in Loudoun county rapes [closed]
This is about the rapes in Loudoun schools perpetrated by a biological boy self-identified as a transgender girl. After he raped the first teenage girl, he was transferred into another school, where ...
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Does a sex-for-food/protection arrangement qualify as rape?
The situation I'm thinking of is the one depicted in A Woman in Berlin. The setting is the end of World War 2 with Soviet armies in Berlin engaging in mass rapes. The woman in question, after being ...
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Is kissing the crotch of an underage girl of age 5-6 illegal?
I have recently seen a grandma kissing the crotch of a girl of age 5-6 through panties in a public place. She was holding the girl in hands. Is this illegal? Is it legal only for women to do?
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Will it be called rape in US?
If a boss in office induces one of his subordinates to have sex in exchange of offering a promotion and later after having sex deny to promote, will it fall under the definition of rape?
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Is forced cunnilingus or analingus rape?
Is forced cunnlingus or analingus, "legally" considered rape or is it sexual assault?
Any case would involve the
The perpetrator forcibly performing cunnlingus/analingus on the victim
or
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Is dry humping sexual assault?
Can fully-clothed dry-humping someone without consent count as rape?
And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US?
Does it matter whether the ...
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What evidence to I need to win a case against a man who spiked my drink? [closed]
Last week I went to dinner with friends where I met a guy (a friend of a friend). After dinner he offered to come up for a drink to his place, he made me a cocktail, I had two sips then my other ...
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Why is the age of consent typically younger than the age of majority in many countries? [closed]
I've always been puzzled at many countries allow teenagers to have sex with each other at 14-15 years old at the youngest but still forbid them from consuming intoxicants until they are 18 or 21. Why ...
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Does this constitute reportable suspected criminal activity to FBI or local police authorities?
Suppose the following situation:
Let's say while Person A was in another state, Person A's acquaintance (who we'll refer to as Jane Doe) texted him in the very late nighttime (after midnight) that ...
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Liability in sexual assault [duplicate]
I was told about a sexual assault. It was horrible, but it didn't involve actual intercourse or sexual contact beyond touching with clothes on. Either way, the victim is traumatized by what happened.
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If an allegation is approved, does it mean that the statistics cited in the allegation is correct?
For an example excerpt, see the Schwake v. Arizona case, page 15:
The University contends that the allegations of genderbased decisionmaking are conclusory because they lack the detail of the ...
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What legal action can you take if someone calls you a sex offender with no proof?
Just went through a nasty custody battle and won sole custody and he has taken it upon himself to call my fiance a sexual abusive person to our 2 yr old child. He has blasted it on social media and ...
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In the law what is considered sexual?
This is bit of a follow up to How can a community based not-for-profit be sued?
A dispute arose with a local kink community getting sued.
The open letter was addressed to ... Lyncaster’s ...and ...
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How can a community based not-for-profit be sued?
This question Is normally illegal kink legal inspired me to ask this.
The Metro Vancouver Kink Society is getting sued. In a short summary of events, one member of MVKS was accused of acting ...
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How can they force people to walk around and tell all the neighbours that you are a "registered sex offender"?
I've heard that people who are convicted as a "sex offender" (which is still very vague and cryptic to me) in the USA have to walk around and knock/ring on the doors of all their neighbours (it's ...
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Why does the Wikipedia article on "sex offender" list "sexting" as a crime?
Some of the crimes which usually result in a mandatory sex-offender classification are: a second prostitution conviction, sending or receiving obscene content in the form of SMS text messages (sexting)...
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Is it illegal for an actual minor to catch predators?
So a close friend of mine is a minor (close to not being) but we were wondering if it is illegal for her to pose as herself and report predators?
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Does the statute of limitations apply in the case of Tara Reade?
From this article https://www.businessinsider.com/former-biden-staffer-tara-reade-files-sexual-assault-complaint-2020-4
A woman who accused Democratic presidential candidate Joe Biden of sexually ...
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What are the charges faced for sexting minor overseas?
One of my friends(18) was in an online relationship with a girl(15) overseas. They were sexting each other for about a year until he broke off contact with her, realizing the mistake he made. He ...
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What is a reason for not making an initial arrest of a person accused of sexual assault?
Recently Tommy Robinson's daughter was allegedly sexually assaulted by a man at a holiday resort somewhere in the United Kingdom.
Tommy has claimed that he legally prevented the accused from ...
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What are the consequences of sexting with minors overseas?
Suppose a 15 year old sexts an adult(lets say an 18 year old) first. They engage in conversation and share nudes back and forth. This happens for about a year or so. What consequences/charges do the ...
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Does what I describe constitute sexual harassment?
I went to see a therapist for help with my mental health and relationship issues, and after a series of events she spread open her legs in a sexually suggestive manner while telling me I was in a ...
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Does the iconic WWII-end "Kiss" photo depict sexual assault?
One of the most famous images from the end of World War II was of a sailor kissing someone who looked like a nurse in Times Square, celebrating the victory.
As described in a featured article in ...
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Does rape really need to include a penis in England and Wales?
According to Wikipedia, rape occurs in English law when "a man penetrates another person with his penis without the consent of the person being penetrated" but any sexual act that does not include a ...
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What is the legal term for coerced indecent acts (not including rape)?
Say that a person were coerced into performing indecent acts of a sexual nature, such as nudity, masturbation, oral sex, etc. If intercourse occurs, that would be classified as "rape". What would the ...
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Is there any recourse for a medical professional if a patient sexually assaults them in a small way?
Is there a recourse for a medical professional if a patient behaves inappropriately? (I would call it sexual assault but to be honest I don't know what would and wouldn't qualify for that definition - ...
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