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30 votes
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What is the legal basis of Kate Middleton's threats against paparazzi photographing her in public?

Given that there is absolutely no law that prohibits people from photographing her once she's in public, But there is. The conduct of paparazzi photographers might amount to harrassment under the ...
alexg's user avatar
  • 7,000
14 votes

Does withholding non-medical information affect medical consent?

The primary question is whether remaining silent would constitute a breech of medical ethics. The pertinent ethical principle is AMA Opinion 2.15 One of the requirements is that the donor be assigned ...
user6726's user avatar
  • 215k
12 votes

What is the legal basis of Kate Middleton's threats against paparazzi photographing her in public?

Like the Wikipedia article says, Middleton claimed "harassment" and "invasion of privacy", which seem to be reasonable claims in the circumstances described. In some cases she ...
Lag's user avatar
  • 17.3k
8 votes
Accepted

Collecting Pseudonymous order information without consent - GDPR

Data is personal information if it is or can be tied to an individual. A hash is problematic since it is merely pseudonymous and not anonymous. (Pseudonymization may be a good measure to mitigate the ...
o.m.'s user avatar
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7 votes
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What are some examples of reasonable steps that may be taken to ascertain sexual assault complainants’ consent?

canada Some corrections to the premise. First, the defence of "honest but mistaken belief in communicated consent" does not require, after having taken reasonable steps to ascertain consent, ...
Jen's user avatar
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7 votes
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Can sexual consent be required to enter a building?

canada This form would be irrelevant to an analysis of consent. Consent must be subjective and contemporaneous with the impugned act. See Criminal Code, s. 265 and especially s. 273.1(1.1): "...
Jen's user avatar
  • 59.5k
6 votes
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Is it legal to photograph someone in public after they explicitly withhold consent?

consent can be assumed Nah, consent can't be assumed just by default: it defeats the very definition of consent. Some active indication that consent is given must be present. However, where the right ...
Greendrake's user avatar
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6 votes

Would Mr. E still have been guilty of rape if he’d mistakenly penetrated his stepdaughter while instead intending to penetrate his partner?

Yes Mr E required consent from the person he had intercourse with. Thinking she was someone else is not consent and I can’t see why you would think it could be.
Dale M's user avatar
  • 213k
5 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

england-and-wales In English law it can't be 'rape' because that requires a penis (section 1 Sexual Offences Act 2003). However, the behaviour might amount to the offence of 'assault by penetration' (...
Lag's user avatar
  • 17.3k
5 votes

Can Bob be convicted of raping his wife Alice?

canada There are no special rules for marriage There is no special regime for the assessment of sexual assault claims in the context of a marriage. Your question seems to turn on the consent element ...
Jen's user avatar
  • 59.5k
4 votes
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Is there any reason a 24-year-old healthy woman could not consent to sex with her stepfather?

Factual correction First, a correction to the facts. At paragraph 6 of the appeal reasons, it says: When spoken to by police the appellant expressed shame and remorse, acknowledging that the act had ...
Jen's user avatar
  • 59.5k
4 votes
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Does implied consent protect an organization's ability to discipline former members?

In Guinn v. Church of Christ, plaintiff withdrew from the church after an internal investigation of her conduct. The church apparently held as a matter of religious doctrine that she must repent of ...
user6726's user avatar
  • 215k
4 votes
Accepted

Can exclusion of evidence as to a question subject’s past habits and proclivities stand in any other context than that of a complainant’s consent?

canada Judges always retain the residual discretion to exclude evidence where its probative value is outweighed by its prejudicial effect. The quotations that follow are from R. v. Handy, 2002 SCC 56. ...
Jen's user avatar
  • 59.5k
4 votes

Can sexual consent be passively implied in light of the pre-existing rapport or character of the relationship between the parties?

You claim: in Canada, there must be an active effort to ascertain the complainant’s consent for each and every sexual act or episode of sexual acts This is not even true in Canada. The "...
Jen's user avatar
  • 59.5k
4 votes

Would Mr. E still have been guilty of rape if he’d mistakenly penetrated his stepdaughter while instead intending to penetrate his partner?

canada This would be sexual assault, subject to a mistake of fact defence described below. But the mistake-of-fact defence in relation to complainant identity has only been successful in one case, and ...
Jen's user avatar
  • 59.5k
3 votes

Is webscraping legal if the website clearly doesn't want to be scraped (for example having a captcha or cloudflare)?

No, it’s not legal The Computer Fraud and Abuse Act makes it illegal to access a computer beyond authorization. You are not authorized. We know this because you are using technical means to bypass ...
Dale M's user avatar
  • 213k
3 votes

How is consent to be determined?

canada This is a question of ordinary evidence law. See How do you prove a fact at issue in litigation? Evidence would typically come from testimony. The trier of fact (the judge or a jury) then is to ...
Jen's user avatar
  • 59.5k
3 votes

Can Bob be convicted of raping his wife Alice?

Yes new-south-wales A sex act is unlawful if there is no consent. Consent is not complicated. There is no consent if: Alice did not consent, and Bob knows she didn’t consent. And of course vice-...
Dale M's user avatar
  • 213k
3 votes
Accepted

Can an American who travels to Canada record calls of other Americans without their consent?

There is the analogous case Kearney v. Salomon Smith Barney, where individuals from an all-party jurisdiction sued an entity from a one-party jurisdiction for what would be illegal recording in ...
user6726's user avatar
  • 215k
2 votes

If I want to voice record at work, do I only need my boss's approval?

If a party is aware that you are recording and they continue to be a party to the communication, they have implicitly consented. Their leverage is that they can stop talking, not that they can ...
user6726's user avatar
  • 215k
2 votes
Accepted

Can ambiguous or passive conduct imply consent?

england-and-wales No. Sections 1 to 4 of the Sexual Offences Act 2003 set out the offences of rape (s1), assault by penetration (s2), sexual assault (s3), and causing a person to engage in sexual ...
Lag's user avatar
  • 17.3k
2 votes

Is there any reason a 24-year-old healthy woman could not consent to sex with her stepfather?

A 24 year old woman cannot legally consent to sex temporarily if she is drunk, under the influence of drugs, asleep, being threatened to force consent, just woken up and not aware of her surroundings, ...
gnasher729's user avatar
  • 34.3k
2 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

canada The elements of sexual assault To prove an offence, the Crown (prosecution) must establish both the actus reus and mens rea of the offence. The actus reus of sexual assault is that: there is ...
Jen's user avatar
  • 59.5k
2 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

Sexual assault new-south-wales The crime of rape has been abolished, but what you describe might be sexual assault under s61I of the Cimes Act 1900: Any person who has sexual intercourse with another ...
Dale M's user avatar
  • 213k
2 votes

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

brazil It is a crime, but which one depends on the amount of influence the victim was under. If the victim was heavily incapacitated, then this will probably be considered estupro de vulnerável ("...
sourcream's user avatar
  • 309
2 votes

Do you need consent when taking a screenshot during a video conference?

germany I feel like we should have duplicates here, because I am repeating myself, but I guess it's not easy making actual duplicates, when it's just Germany where it's all the same and many other ...
nvoigt's user avatar
  • 8,156
1 vote

Was it illegal to borrow my cousins trailer without his permission but leaving notes?

Depends on where you live. germany In Germany, some crimes are only prosecuted if the victim requests that, so-called absolute Antragsdelikte. Theft within a family is one of them (§247 StGB). A few ...
o.m.'s user avatar
  • 18.3k
1 vote
Accepted

Can a person legally consent to being killed by someone else?

canada Outside of the very specialized legislated regime for medical assistance in dying, a person cannot consent to being killed, and any such purported consent does not relieve the other party from ...
Jen's user avatar
  • 59.5k
1 vote

Can exclusion of evidence as to a question subject’s past habits and proclivities stand in any other context than that of a complainant’s consent?

The Tendency Rule new-south-wales s97 of the Evidence Act 1995 says: (1) Evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, is not admissible to ...
Dale M's user avatar
  • 213k
1 vote

What is consent?

canada Criminal Code, s. 273.1: Subject to subsection (2) and subsection 265(3), consent means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in ...
Jen's user avatar
  • 59.5k

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