6
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' (...
5
votes
Accepted
Is discrimination against transgender people illegal?
It is a common misunderstanding, but not everything that is illegal is a crime. So, the title question and the body text question are different and have different answers.
The title question regarding ...
3
votes
Is discrimination against transgender people illegal?
Hate crimes are criminally punishable, federally under 18 USC 249 in the case of bodily injury motivated by gender identity, and crimes motivated by gender and specifically transgender discrimination ...
3
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 ...
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 ("...
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 ...
2
votes
What exactly determines the gender of a party in a divorce case?
Legally, there is no preference for one gender over the other in awarding custody. So there is no legal point where a person transitions from one gender to another and is suddenly treated differently ...
1
vote
Which law is someone breaking by using a bathroom of a perceived wrong gender?
united-states
In most jurisdictions, there would probably be a decent argument that the person has committed trespass, which typically includes not only entering a property without permission, but ...
1
vote
Is discrimination against transgender people illegal?
Feel free to be as bigoted as you are comfortable with
AFAIK, there are no laws that require a general citizen to not discriminate on any basis. If you want to give offer lifts to men and women but ...
1
vote
What exactly determines the gender of a party in a divorce case?
germany
Bürgerliches Gesetzbuch (BGB)
§ 1565 Scheitern der Ehe
Eine Ehe kann geschieden werden, wenn sie gescheitert ist. Die Ehe ist gescheitert, wenn die Lebensgemeinschaft der Ehegatten nicht ...
1
vote
What exactly determines the gender of a party in a divorce case?
british-columbia
Separation in British Columbia is about "spouses," not "husband" and "wife." See Family Law Act.
Gender is irrelevant for the purposes of separation.
It ...
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