05-11-2018, 11:25 AM
(05-11-2018, 10:44 AM)Belsnickel Wrote: Property crimes are different than crimes against a person, yes? Crimes against a person involve denying someone of life or liberty. To me it is a perfectly logical system that sets a higher standard for crimes against a person compared to property crimes.
You can have different punishments, but you can't change the rules. You can't just say "This crime is worse so due process does not apply."
I've been thinking about this and I think what you are trying to do is address the situation where one person has sexual contact with another person who is unconscious. I don't have a problem with cutting out a specific rule for that specific situation, but to claim that an accepted practice established by a course of conduct can become criminal without giving the other party any notice is absurd. There is nothing fair or just about that because there is no burden on the party to inform the other that consent has been withdrawn. By not requiring notice you are doing nothing but creating a "rape trap" where one person is suddenly guilty of a crime with no notice for doing exactly the same thing that was not a crime the day before.
