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22 votes

Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?

canada criminal-law These acts could be sexual assault. Pregnancy is irrelevant to the analysis. Deviating from the sexual activity consented to A majority of the Supreme Court of Canada, in R. v. ...
Jen's user avatar
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22 votes
Accepted

How often do people who make complaints that lead to acquittals face repercussions for making false complaints?

Prosecutions for falsely reporting rape are at least as common as perjury convictions (and usually don't count as perjury since the initial report is rarely made under oath), and even when charges are ...
ohwilleke's user avatar
  • 219k
15 votes

Is it rape to have sex with a man without disclosing that one is a male-to-female transgender person?

Not disclosing transgender identity is not a crime of any kind, not rape, not fraud, not anything else. There is really no qualification to this statement. There is pretty much no plausible scenario ...
ohwilleke's user avatar
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14 votes
Accepted

Is it rape to have sex with a man without disclosing that one is a male-to-female transgender person?

tl;dr: It might be rape, but it depends. There is the concept of rape by deception, which might apply here. However, that concept is usually only applied under very narrow circumstances - not every ...
sleske's user avatar
  • 8,235
14 votes

How can a community based not-for-profit be sued?

From their website: Metro Vancouver Kink is an incorporated, non-profit society. That is, they are a corporation and corporations are legal people, capable of suing and being sued just like natural ...
Dale M's user avatar
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14 votes

Liable of sexual abuse in civil case and no prison time?

There are many different kinds of laws, and many different ways of violating them. The main two are (1) criminal law, which generally addresses violations that injure the government's interests; and (...
bdb484's user avatar
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12 votes

Is dry humping sexual assault?

Most states have two parallel sets of sexual assault statutes. One set punishes sexual assaults involving sexual penetration that has greater penalties. The other set punishes sexual assaults ...
ohwilleke's user avatar
  • 219k
11 votes

Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?

united-states In either case, could there be any criminal or civil liability? No. Not in any U.S. jurisdiction of which I am aware. One or two states (including California) have recently considered ...
ohwilleke's user avatar
  • 219k
11 votes

How often do people who make complaints that lead to acquittals face repercussions for making false complaints?

This (like most of the other answers) is answer to an earlier version of the question. I note you are asking about complaints that lead to acquittals. This requires the prosecution to bring a charge ...
Jen's user avatar
  • 57.4k
10 votes

Is it rape if it is a woman on a girl?

The definition of what kind of interaction constitutes rape is normally defined by statute or by case law, which can vary somewhat from jurisdiction to jurisdiction. Typically, "penetration" for ...
ohwilleke's user avatar
  • 219k
10 votes

Is it considered rape if a victim doesn't understand what is happening?

If she was under 16, it's rape. A child under that age cannot consent to intercourse. If she's older, it may still be sex abuse, which includes subjecting a person to sexual contact without express ...
bdb484's user avatar
  • 60.4k
10 votes

Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?

united-states In the United States, there apparently is neither criminal nor civil liability in such circumstances. Cases of sexual deceit resulting in an unwanted pregnancy have not received ...
user48216's user avatar
  • 101
9 votes

Are "Dry humping" and "Molesting" the same thing?

How is holding her down and dry-humping her not molesting her? "Molesting" doesn't imply that any penetration or rape took place - it's a much broader term covering pretty much any sort of unwanted ...
brhans's user avatar
  • 295
9 votes
Accepted

Does the statute of limitations apply in the case of Tara Reade?

No part of the D.C. Sexual Abuse Statute of Limitations Amendment Act of 2018 applies in the case of Tara Reade. The statue of limitations for criminal prosecution had already expired under the ...
user30951's user avatar
  • 106
8 votes

How are old allegations handled?

It obviously varies by jurisdiction, but most jurisdictions I am familiar with have something like a "Statute of Limitations" where crimes cannot be prosecuted after a certain length of time because ...
Martin Bonner supports Monica's user avatar
8 votes
Accepted

Does the lecherous millionaire violate any laws?

Under the assumption stated, the lecherous millionaire is soliciting an act of prostitution, albeit with an unusually high price. His proposal would be just as illegal (or legal) as an offer of $100 ...
David Siegel's user avatar
8 votes

How often do people who make complaints that lead to acquittals face repercussions for making false complaints?

Within the US, criminal trials generally end in one of two ways - "Guilty" or "Not [Proven] Guilty". There is no "innocent" finding. As a result, many defendants are ...
Brian's user avatar
  • 710
8 votes
Accepted

In an opposite-sex sexual assault case, is "I'm homosexual" a valid defense?

This is not a true defense. It would only go to the credibility of the defendant's account claiming that he was not the perpetrator. Nothing prevents someone who is homosexual or asexual from sexually ...
ohwilleke's user avatar
  • 219k
7 votes

Is forceless groping illegal in Germany?

§177 "Sexueller Übergriff; sexuelle Nötigung; Vergewaltigung" was recently changed. It now includes: (2) 3. der Täter ein Überraschungsmoment ausnutzt, this loosely translates to: "[in case] the ...
NoAnswer's user avatar
  • 119
7 votes
Accepted

Is it legal to grope an unconscious person in Virginia?

Short Answer No. This is not legal under Virginia law. It is a serious crime. Long Answer The basic reasoning This would be actionable as aggravated sexual battery and punishable by up to 20 years in ...
ohwilleke's user avatar
  • 219k
7 votes

Does the statute of limitations apply in the case of Tara Reade?

The two year period applies to cases that were barred under the old statute of limitations but are "now allowed under the new statute of limitations." If the claim is so old that would be ...
phoog's user avatar
  • 37.5k
7 votes

What legal action can you take if someone calls you a sex offender with no proof?

This is defamation, a civil matter, where you may sue the person who makes these statements. If you sue them, the question is whether accusing a person of sexually abusing a 2 year old would lower the ...
user6726's user avatar
  • 215k
7 votes
Accepted

Does a sex-for-food/protection arrangement qualify as rape?

Socially the woman has become a "kept woman". It would not be rape, at least in most jurisdictions, because the officer is using neither force nor threats of force. The duress is from her ...
David Siegel's user avatar
7 votes

A had sexual intercourse with B because A misidentified B as her boyfriend. Did B committed sexual assault?

canada Avoiding an overly literal reading of your assertion that "both sides consent" The actus reus of sexual assault is sexual touching without the consent of the complainant. In your ...
Jen's user avatar
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7 votes
Accepted

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
  • 57.4k
6 votes

Is it considered rape if a victim doesn't understand what is happening?

YES! - "I don't understand" isn't consent and, in any case, she is below the age of consent in Kentucky by 3 years. It is really hard to understand the need for this question in 2020.
George White's user avatar
  • 12.8k
6 votes

If a woman finishes before a man during sex and he continues is he raping her?

The question is not properly framed in terms of the law: the relevant question isn't in terms of achieving orgasm or not, it is in terms of consent. Is it rape to continue having sex, when one party ...
user6726's user avatar
  • 215k
6 votes
Accepted

What is the legal term for coerced indecent acts (not including rape)?

There is not a single legal term that encompasses all of these offenses in most jurisdictions. Instead, there are a number of different offenses that could apply based upon whether or not there is ...
ohwilleke's user avatar
  • 219k
6 votes

Does the iconic WWII-end "Kiss" photo depict sexual assault?

In 1945? Not a chance. Basically, the only sexual crime that existed then was rape. In 2019? In New York, it appears the answer is still no. All sexual crimes require “sexual contact”: 3. “...
Dale M's user avatar
  • 211k
6 votes

Will it be called rape in US?

No. The conduct described would be illegal quid pro quo sexual harassment (whether or not the subordinate was promoted), for which a civil lawsuit by the subordinate for money damages would be ...
ohwilleke's user avatar
  • 219k

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