Has gone to trial. She was convicted. Awaiting sentencing.
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That happened in my āhomeā state of Utah. I figured that they never did it.
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I can understand that happening occasionally. Like I would do a blindfold thing to spice things up. Wear one every time and never touch the naughty bits? Thatās weird and would give me alarm bells something is off.
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What if she told her she (person A) was lesbian - but she was bisexual? And she (person B)doesnāt want to sleep with women who sleep with men?
I donāt disagree that modern understandings of being transgender may lead to more development of this case law, but I would like to point out that this is NOT a case of a transgender person, this seems to be a case of a person who claims to have been engaged in role play and who did not identify as a male, but as a lesbian female dressing up as male - she says with the understanding of her partner, her partner says not. At least thatās how I read the article - itās possible that, for other reasons, she did not want to admit to being transgender.
Good point. I would say the that what might be unjustly discriminatory in any other context is within the just bounds of what someone might discriminate upon in deciding whether to consent to sex. In other words, a person should be able to deny consent for physical intimacy for reasons that would be unjust discrimination in other social interactions, because absolute body sovereignty supersedes everything else. The question seems to be when and under what circumstances itās up to the other person to ask and when itās the responsibility of the person in question to disclose the information on their own initiative.
But as I said above, and as I took your first comment as pointing to, intent is important in that, the person with the prosthetic handās intent or lack thereof to deceive would be relevant. The blindfold is the sexual assault smoking gun here, I suspect.
Also, while I agree that this case was probably prosecuted because of the relatively unusual nature, and thereās a good chance homophobia played a role in the decision to pursue it, the victim, if indeed she was, is, IMHO, no less deserving of justice because so many others are routinely denied it. Just my 2Ā¢.
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Caveat amatores, I think.
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Going by current UK case law, trans people have to inform prospective partners of their gender history. Also current case law is that the āTrans Panicā defense is acceptable if the partner attacks the trans person.
Damned if you do, damned if you donāt
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caveat coitibus?
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Wasnāt there a case somewhere in Asia where a marriage was annulled because the wife had had plastic surgery before marriage and hadnāt told her husband?
The legality of these kinds of situations seems pretty foggy. Do not envy who has to figure out where to draw lines.
Guess the āsafeā way would be to date until you both feel safe to tell each other of your respective pasts as homeopaths or social studies. 10-20 years should do it.
If it is, in fact unknowable, it indicates that it should not be adjudicated in courts of law. Unknowable things have no place there. Evidence is essential to the process and not being able to prove something, because it is unknowable means that it is a fact of life to be contended with without legal remedy- like a lot of other things we consider unjustified, cruel, or gratuitous, but have no effective means of adjudicating. .Tapping someone on the shoulder is generally not considered a battery, but itās also intrinsically non-consensual. It is a method of getting someoneās attention when vocalization is not permitted or effective. To say it can never cause harm is to fail to take into consideration the vastness of the human experience. Yet: Adjudicating shoulder taps is a pointless waste of time.
Statist responses are not precision tools, crafted to the moment. They are blunt instruments designed to be applied as broadly as possible, subject to the whims of politics and culture. This is why after a rape is publicized in a community, itās interesting to see who wants more police on the streets, and who thinks it simply displaces the security problems, rather than creating some net solution for all.
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I donāt evenā¦
/me rocks in place in a corner
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caveart bisonus erectus
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There is a lot of great discussion in this post, and in /. parlance IANAL, but hereās the troubling thing:
What happens in Britain is often a preview of whatās coming in 5 years for the U.S.
Iām sure we already have existing case law on this, but who knows how it is going to shake out, or even how it should shake out.
Christ. That is not a good portent.
You know, stranger things have happened.
Off the cuff, Iād think that falls under the same category as virginity or income, i.e. aspects of oneās self that arenāt directly pertinent to sexual activity. Now yes, any person should have every right to deny consent for any reason, even that one, because really no one needs a reason to deny consent since no one is ever entitled to being given consent.
The question then is whether the person has an obligation to volunteer the information, or whether the onus is on the other person to ask for it. While this may be fuzzy regarding some things like prosthetics or health issues that arenāt sexually transmissible, I would think not wanting to sleep with someone who slept with whoever falls decidedly under the you have to ask if you want to know. And itās likely to, or at least it would in my case, bring things to a screeching halt once I learned my prospective partner was a raging bigot, but thatās just me.
On the flip side, the person may refuse to give the information, which the other person might well decide is grounds for denying consent. Simply put, no prospective partner is entitled to any information about anotherās life, biology, gender or any anything else, but neither are they obligated to give consent, so either party has, IMHO, a just right to put the kibosh on intimacy or sharing. Consent, after all, goes both ways or it means nothing.
I find it very hard to believe the sequence of events presented. Itās also a case of such luridity that Iām pretty sure a jury (having been involved in a lurid case myself and observed how stupid the jury became) would be distracted by the details presented and forget that theyāre supposed to be examining the veracity of the story and testing it against the description of a particular crime.
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Assumptions and wishful thinking aside, you never really know what youāre going to get the first time. Besides, she wasnāt raped but at the most- deceived, and that sounds like any marriage to me. If every tourist to Thailand followed through with this line of conscience polishing than I might allow myself to never worry about paying my parking tickets.
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Nobody driving this needs to pretend to be a fighter pilot to get laid. If anything itās the other way around.
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I-is that Hiro Protagonistās car? Cuz I can only imagine that this is exactly what cyberpunk LAās Cosa Nostra high-speed pizza delivery chain would actually have drivers tearing around in.
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Brings to mind the case quite a few years back where the woman was Jewish, and man was Muslim and he was charged with sexual assault. But again, its a specific environment and not generally applicable world wide.
