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Rate the MPC's new definition of rape/sexual assault:
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Date: June 28th, 2015 9:43 PM Author: Drunken persian LOL@ LAW PROFESSORS WHAT A FUCKING DISEASE Person A and Person B are on a date and walking down the street. Person A, feeling romantically and sexually attracted, timidly reaches out to hold B’s hand and feels a thrill as their hands touch. Person B does nothing, but six months later files a criminal complaint. Person A is guilty of ‘Criminal Sexual Contact’ under proposed Section 213.6(3)(a). Far-fetched? Not as the draft is written. The hypothetical crime cobbles together two of the draft’s key concepts. The first is affirmative consent. The second is an enlarged definition of criminal sexual contact that would include the touching of any body part, clothed or unclothed, with sexual gratification in mind. As the authors of the model law explain: “Any kind of contact may qualify. There are no limits on either the body part touched or the manner in which it is touched.” So if Person B neither invites nor rebukes a sexual advance, then anything that happens afterward is illegal. “With passivity expressly disallowed as consent,” the memo says, “the initiator quickly runs up a string of offenses with increasingly more severe penalties to be listed touch by touch and kiss by kiss in the criminal complaint.” http://www.nytimes.com/2015/06/28/opinion/sunday/judith-shulevitz-regulating-sex.html
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Date: June 28th, 2015 10:02 PM Author: mentally impaired yarmulke why do people who know nothing about sex feel qualified to write laws about it? (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219773) |
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Date: June 29th, 2015 9:05 AM Author: Hateful lascivious area deer antler (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221835) |
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Date: June 29th, 2015 9:27 AM Author: boyish stage lettuce (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221892) |
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Date: June 28th, 2015 10:03 PM Author: costumed carmine corner I saw that on Twitter today posted by Christina Hoff Somers... She's a good source for this stuff. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219777) |
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Date: June 28th, 2015 10:04 PM Author: vibrant startling plaza (freeper) (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219781) |
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Date: June 28th, 2015 10:13 PM Author: wonderful address blood rage Assess chaps is a bisexual urbanite who is fed up with SJWs. Work harder on your stalking game (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219828) |
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Date: June 28th, 2015 10:18 PM Author: vibrant startling plaza LJL, wasn't that guy some sort of freelance writer. why are the "journalists" on xo all closeted reptile? that CharlesXII guy who works for the daily caller REEKS of repressed homosexual (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219870) |
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Date: June 28th, 2015 10:20 PM Author: wonderful address blood rage Is there a single con on xo who you haven't determined is a closet homo? It's almost like you're one yourself or something (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219876) |
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Date: June 28th, 2015 10:21 PM Author: vibrant startling plaza ur the one who called AC bisexual (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219879) |
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Date: June 28th, 2015 10:11 PM Author: wonderful address blood rage Lmao (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219820) |
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Date: June 28th, 2015 10:28 PM Author: Yapping odious community account this is prima facie FUCKING INSANE. it's not even remotely ENOUGH that people are criticising it. it should not even be something that anyone is asked to CONSIDER DISCUSSING. i should not be reading about this in the NYT. stop the FUCKING INSANITY. |
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Date: June 28th, 2015 10:33 PM Author: wonderful address blood rage lol brother. libsare JUST GETTINGSTARTED. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219946) |
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Date: June 28th, 2015 10:35 PM Author: Razzmatazz whorehouse messiness Scary shit (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28219960) |
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Date: June 29th, 2015 8:51 AM Author: Very tactful citrine stain (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221816) |
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Date: June 29th, 2015 12:13 PM Author: elite stimulating marketing idea prima facie insanity.
i like it. |
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Date: June 29th, 2015 12:48 AM Author: Drunken persian (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28220733) |
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Date: June 29th, 2015 8:44 AM Author: Drunken persian (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221806) |
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Date: June 29th, 2015 8:50 AM Author: domesticated crystalline stead Coming soon to the MBE, if it becomes part of the MPC. People who get that question wrong will be directly reported to Character & Fitness committees. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221814) |
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Date: June 29th, 2015 8:52 AM Author: cobalt genital piercing Is that real (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221818) |
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Date: June 29th, 2015 8:55 AM Author: domesticated crystalline stead http://www.law.nyu.edu/news/ideas/ali-penal-code-sexual-assault (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221823) |
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Date: June 29th, 2015 9:05 AM Author: Hateful lascivious area deer antler THIS IS WHY ProsBros are the
BEST
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against bullshit cases. |
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Date: June 29th, 2015 9:14 AM Author: Poppy Excitant Filthpig lol. our last line of defense is a cadre of bootlickers who chose to place their fellow citizens in cages for a living? boy do i feel safe. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28221853) |
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Date: June 29th, 2015 12:02 PM Author: curious clear forum (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28222681) |
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Date: June 29th, 2015 12:03 PM Author: curious clear forum This specific statute aside, prosecutorial discretion is the thing that scares me the most about the criminal justice system. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28222693) |
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Date: June 29th, 2015 3:18 PM Author: Shimmering electric alpha (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28224045) |
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Date: June 30th, 2015 1:42 AM Author: pungent dashing private investor (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28228424) |
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Date: June 29th, 2015 1:23 PM Author: red station puppy Fuck you, you piece of shit. I bet you would fail a lie detector test if you tried to claim: " I have never committed a crime while doing my job." almost 100% of prosecutors are felons. I can't wait for the lib thought police to hang you from a tree. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28223133) |
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Date: June 29th, 2015 4:15 PM Author: Contagious Fantasy-prone Ape Business Firm For anyone who wasn't concerned, read this post (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28224474) |
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Date: June 29th, 2015 9:30 AM Author: Onyx learning disabled round eye institution Remember when Bill Clinton-era libs were the party of freedom, liberation and fun?
Now Obama-era libs are puritanical tyrants and worse than the Christian right. They literally want to regulate sex. |
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Date: June 29th, 2015 1:22 PM Author: Hideous ladyboy Underrated observation. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28223125) |
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Date: June 29th, 2015 3:36 PM Author: Onyx learning disabled round eye institution (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28224187) |
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Date: June 29th, 2015 11:58 AM Author: Drunken persian (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28222658) |
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Date: June 29th, 2015 12:19 PM Author: avocado offensive nowag athletic conference great, this is definitely going to prevent a lot of rapes (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28222791) |
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Date: June 29th, 2015 12:29 PM Author: cobalt genital piercing Why do libs want to put more minorities in prison? Clearly the vast majority of whites won't be susceptible, but hysterical low iq female types will probably falsely accuse their male comrades of this all the time. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28222860) |
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Date: June 29th, 2015 1:18 PM Author: avocado offensive nowag athletic conference The two reporters are working to avoid creating a code that is overly punitive, which could contribute to the problem of mass incarceration. “It’s kind of a weird thing to be embarking on a project to broaden and expand criminal liability in a time when everyone agrees that criminal liability has broadened too much,” Murphy says. “At the same time, mass incarceration has not been caused by overly vigorous pursuit of sex crimes. But we are cognizant that some of the more extreme penalties and collateral consequences associated with the criminal justice system have focused on sex offenders.”
just do cognizant |
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Date: June 29th, 2015 12:32 PM Author: curious clear forum I don't think this is that outrageous to try. No one wants a statute that fails to capture a legitimate sexual assault. Should be refined though. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28222885) |
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Date: June 29th, 2015 4:32 PM Author: Bearded indigo ratface mexican basically every canon of criminal law comes down to the idea that criminal punishment must be underinclusive rather than overinclusive. (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28224651) |
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Date: June 29th, 2015 4:53 PM Author: curious clear forum Oh, without a doubt. In the sense of the standard of proof, "better a thousand guilty men go free than once innocent in jail," all of that stuff.
But in my mind (and correct me if I'm wrong, not a criminal attorney), this is designed to resolve questions of *fact* in favor of the D. We don't know exactly what went on and we can't, so if the testimony and evidence are close, err on the side of protecting the innocent.
The point I was raising is the over- or under-inclusion of the law. Granted, you have to have a state interest to criminalize conduct and we don't want to criminalize anything we don't have to. But I think most people's concept of sexual assault would cover, for example, someone touching someone's stomach through their clothes for sexual gratification without consent. Basically, assume we have perfect knowledge of the events (including mental state/intent), and assume that what occurred is undoubtedly what "we" (society) consider to be a sexual assault. At that point, we would certainly not want to release the defendant solely because the language of the statute did not actually criminalize the conduct.
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Date: June 29th, 2015 1:15 PM Author: Fiercely-loyal claret telephone I know a guy who was at the ALI meeting when this went down. If it is at all comforting, hardly anyone (besides obviously interested non-profit type lawyers) supported the draft. Everyone was pretty outraged about the whole thing. There is even a lengthy letter drafted in opposition to the reporters' work thatbwas signed by a ton of members (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28223093) |
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Date: June 29th, 2015 1:24 PM Author: Bearded indigo ratface mexican if it can be any touch anywhere on the body, why even require the defendant have sexual gratification 'in mind'? Sexuality is so fluid now with asexuals and pansexuals. Why not just remove assault/battery from the MPC and make all unwanted touching a sex crime? (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28223135) |
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Date: June 30th, 2015 1:48 AM Author: Splenetic hissy fit center i think i remember my lib crim prof in 2010 bitching that the mpc's rape statute was 1960s-era (http://www.autoadmit.com/thread.php?thread_id=2922053&forum_id=2#28228453) |
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Date: June 30th, 2015 10:51 AM Author: curious clear forum The current statute for MBE defines sexual assault ("rape") as a man putting his penis in the vagina of a woman who is not his wife without the woman's effective consent AND by force.
So, I think we could probably update this one a little |