14

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 people are. The lawsuit alleges defamation which a corporate entity can do by making untrue statements that damage someone’s reputation. Based on the linked ...


13

A woman can always accuse you of rape. In the U.S., at least theoretically, you are presumed innocent until proven guilty, so unless there is actual evidence you raped her, odds are you won't be convicted. If you are wrongly and maliciously accused, you can probably win a defamation suit as well. There is nothing you can legally do to prevent being accused -...


13

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 act of deception in a relationship can be used to later claim rape by deception. There was a related case in England in 2015, where the situation was reversed ...


12

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 involving sexual contact without sexual penetration that has smaller penalties but otherwise the same elements of the offense. Usually, almost every offense which is a ...


10

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 sexual gratification secured by force would constitute rape, regardless of the gender of the perpetrator. Typically, "penetration" does not cease to be rape ...


10

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 in which concealing a transgender identity leads to liability for fraud of any kind and this never constitutes rape by deception. What is a crime and is ...


10

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 or implied consent. It may also still be rape, but I'm less clear on how Kentucky courts define implied consent.


9

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 existing law and was not revived by the amendment. You are correct that there is a difference between the statute of limitations for criminal prosecution and civil ...


8

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 it was "too long ago". The logic is firstly that if you prosecute a pensioner for stealing a bottle of beer from a shop when they were 18, the person you are ...


7

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 sexual contact (although more often, but not exclusively, used when a minor is involved). The definition for Molestation in Legal Dictionary at law.com ends ...


7

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 prison, because the facts demonstrate a touching of intimate parts with an intent to molest (i.e. sexual abuse) and this is accomplished through the victim's ...


7

Women are imprisoned on the grounds that they have confessed to engaging in pre-marital sex. If you're looking for the reason why this is the case even when they've been raped, it's because Islamic law, specifically, Sharia law, states that this is the punishment for engaging in pre-marital sex.


7

§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 perpetrator exploits a moment of surprise" Suddenly Chuck makes Bob a compliment and gropes Bob’s crotch. From your example it's clear that Chuck did ...


7

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 for a sexual encounter. In most jurisdictions it would be a crime. George Bernard Shaw famously asked a woman if she would have sex with him (sleep with him, I ...


7

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 barred under the new statute, it cannot be brought during the two-year window. For civil claims, the new statute basically says that the claim must be brought ...


7

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 economic and general circumstance, and most jurisdictions would not consider that to be rape. At least technically, this is a form of prostitution, but a form ...


6

You've built quite a few caveats into the hypothetical. I'm left with two suggestions, which I will offer here aware that this might constitute legal advice. So I make the disclaimer that these are general suggestions and do not apply to a specific situation. Film the entire sex act. You should keep each video until the statute of limitations has expired. ...


6

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.


6

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 sexual contact, the nature of the coercion involved, and certain other details of the offense. To use a concrete and precise example, I provide the exact language ...


6

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 authorized. But it is not the crime of sexual assault (a.k.a. rape). This is because the subordinate consented to have sex, and an economic inducement to have sex, or ...


6

I'll start with a list of issues presented and also note at the outset that the question correctly notes that both the school district (which is an entity distinct from the county), and the superintendent of schools, are protected from civil liability to a significant extent by the doctrine of sovereign immunity which is outlined here. Two specific ...


5

I'm not sure a case of harassment could be made out (it would depend on the circumstances in which you purportedly did those things or threatened her, except for touching her. Sexual assault The Sexual Offences Act 2003 defines sexual assault as: (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the ...


5

In the US, there are no laws against surgical circumcision with informed consent (and I don't know of any such laws in any other country). Parents are generally allowed to grant surrogate informed consent. There is no requirement that circumcision be carried out by a licensed physician or other approved practitioner. A person can be held civilly liable for ...


5

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 withdraws consent? In North Carolina, following State v. Way (rather sparse on details), consent explicitly cannot be withdrawn. In Illinois, on the other hand, ...


5

Because in some jurisdictions it is While sexting underage subjects is pretty much a crime universally, sexting of anyone is illegal in many jurisdictions, For example, in most countries that follow Sharia law.


5

To expand a bit on Dale's answer, being able to sue or be sued is actually often the primary reason that not-for-profit or even for-profit organizations choose to incorporate. By incorporating, the organization becomes a separate legal entity for the purpose of lawsuits (and liability for debts and such.) This provides a considerable degree of protection to ...


5

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 person in the eyes of others, and the answer is "Yes, you don't even have to prove that there was actual harm" (this is know as per se defamation): ...


5

Not in this case First, we are having an appeals court case that is filed against the dismissal of the real case - there had been no trial. It's a research into if there was a clear error of the court, not who would have won. The Appeals court decided to send it back to the district court with pretty much a direct order to have a trial and solve the issiue, ...


5

In the United States, each state is free to define their own version of what is rape and what is sexual assault. Many States view rape and sexual assault to be of "equal severity", but they are punishable under different laws. For example, Kentucky defines rape as any non-consensual intercourse and includes anal sex and object penetration in the ...


4

Being disabled has nothing to do with it. If he is harassing students then after there is a complaint and investigation, then he can be banned from campus, and arrested for trespassing if he returns. But there would have to be a formal complaint made to the authorities first.


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