The Last Thing You Thought...

[BeautifulDream]

"A consensual crime is a public order crime that involves more than one participant, all of whom give their consent as willing participants in an activity that is unlawful."

grins

This is what is stated in the book:

'Consent of the victim is any voluntary yielding of will of the victim causing him/her to agree to the act of the offending party. This defense has several elements. FIRST: the victim must be capable of giving consent. Excludes kids, the insane, the mentally defective. SECOND: the offense must be a "consentable" crime. Excludes murder, rape, etc. Some crimes consent cannot be given for. THIRD: the consent cannot be obtained by fraud. FOURTH: the person giving consent must have the authority to do so.'

I might be wrong, but what I'm getting from this is one must 'be a victim.' In a case of prostitution, how is either a victim? The man consented to paying her for sex (Solicitation), the woman consents to be paid for sex (prostitution). Both committed a crime and can be prosecuted, regardless of consent.

 

[Britwitch]

This is what is stated in the book:

'Consent of the victim is any voluntary yielding of will of the victim causing him/her to agree to the act of the offending party. This defense has several elements. FIRST: the victim must be capable of giving consent. Excludes kids, the insane, the mentally defective. SECOND: the offense must be a "consentable" crime. Excludes murder, rape, etc. Some crimes consent cannot be given for. THIRD: the consent cannot be obtained by fraud. FOURTH: the person giving consent must have the authority to do so.'

I might be wrong, but what I'm getting from this is one must 'be a victim.' In a case of prostitution, how is either a victim? The man consented to paying her for sex (Solicitation), the woman consents to be paid for sex (prostitution). Both committed a crime and can be prosecuted, regardless of consent.

So more along the lines of blackmail?
The victim agreed to commit the crime while acting under duress.

ETA: Like being car jacked and forced to speed. Crappy example but...there you go.

 

[BeautifulDream]

It's the joys of our nonsensical laws!

I've always thought it weird that I could've slept with a 17 year old when I was 18, but if I recorded it happening, it would be child porn.

Legal system.... *shakes head*

So more along the lines of blackmail?
The victim agreed to commit the crime while acting under duress.

ETA: Like being car jacked and forced to speed. Crappy example but...there you go.

I suppose that would be a good example.

Hmm... I'll just have to ask the teach more about this.

 

[Scuttle Buttin']

I feel like the speeding one would be more coercion than consent.

From that definition... yeah, I have no idea. I feel like once there's a victim, you can't really give actual consent anymore.

 

[darkangel76]

Alice... or Red Riding Hood??? Decisions... decisions... XD

 

[BeautifulDream]

Rape play which results in injury:
Consent was given by the 'victim,' the injury that took place was not intentional. The 'offender' can use the consent of the victim as a defense to the crime of rape and/or assault.

 

[fr33ks33k]

LT - Why is it OK to kill Insecticons?

It's not. Poor Shrapnel...

 

[Miss_Vivi]

Fuck you head cold.
You can go suck balls.

grumbles and hides under blankets

 

[Britwitch]

LT ~ ....tired.

 

[Asa]

Enjoying plotting and writing once more.

 

[Scuttle Buttin']

Don't go to the Middle East, Donna! You're gonna get blowed up!

 

[desireinyellow]

I hope I scared away that mosquito that was buzzing over me.

 

[Britwitch]

Don't go to the Middle East, Donna! You're gonna get blowed up!

That reminds me...I need some Josh in my life. It's been too long!

grins

 

[thestruggle]

Dammit, you guys are not helping me study for this test. Netflix is calling me.

 

[Britwitch]

Dammit, you guys are not helping me study for this test. Netflix is calling me.

smiles guiltily

Sorry lovely

sends academical thoughts

 

[Scuttle Buttin']

Fitzwallace, nooooooooo!

 

[Britwitch]

For fuck's sake...seriously?!

growls

 

[fr33ks33k]

For fuck's sake...seriously?!

growls

*hugs...carefully*

 

[Britwitch]

*hugs...carefully*

hugs gratefully

Thanks lovely. Just had some bad, and very frustrating, news.

 

[fr33ks33k]

hugs gratefully

Thanks lovely. Just had some bad, and very frustrating, news.

Sorry to hear that dear. Hope everything turns out alright.

 

[Britwitch]

Sorry to hear that dear. Hope everything turns out alright.

Thanks handsome.

kisses his cheek

 

[Firmhanded_Daddy]

I never thought I'd be back here... I almost don't recognize this place anymore...

*blows the dust off the virtual pen and notepad, nearly choking on the dust and cobwebs...*

Wb VT. Glad to hear you finally have the house to yourselves. I hope your muse is better behaved this time.

Consentable crime.... consentable crime.... what is a good example of a consentable crime?

This homework shit is no fun.

You are likely already finished with said assignment, but the first thing that popped into my head was euthanasia.

 

[VampiricTouch]

Muse is not behaving. Flighty little thing. I'm putting her to work on solo stuff where no one depends on her consistency. I did 4 posts worth of writing on Sunday... and then -poof-

 

[Firmhanded_Daddy]

Muse is not behaving. Flighty little thing. I'm putting her to work on solo stuff where no one depends on her consistency. I did 4 posts worth of writing on Sunday... and then -poof-

I understand that. Mine has taken flight for the last month or so. I haven't even been around here in a social capacity for some time. Either way, glad to see you around.

 

[Nina327]

Boobie bruises are no bueno. I shall not feed rum to the giggling sadist again, least, not without muzzling him.

-pokes-

-nods agreeing with self-