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Me Too Champion showed it was him too
#47
(05-11-2018, 11:25 AM)fredtoast Wrote: 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is nothing fair or just about that because there is no burden on the party to inform the other that consent has been withdrawn.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.

I don't see how due process does not apply. I mean, when you are talking about contract law you are talking not only about issues of property, but also issues of civil law. These are different things than a criminal act against a person and so applying these different rules does not necessarily equate to a violation of due process.

Consent applies for what is taking place in the moment when it comes to sexual activity. It does not carry forward to future occurrences. That is how it is looked at in the law right now, and that has been upheld as due process. You may disagree, and that is fine. It makes sense to me. But what makes it fair is that this idea of consent is communicated. This is why every student that comes to the school is informed of the policies and it is covered during orientation. There is no "rape trap" if the known standard is that saying yes once does not mean you are saying yes for all future occurrences by default.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR

"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR





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RE: Me Too Champion showed it was him too - Belsnickel - 05-11-2018, 11:52 AM

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