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  1. #11
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    Default Re: What is the Significance of This Definition Posted by Us Department of Justice

    Quote Quoting cdwjava
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    Sex is an "expression"? No, sex is an act between two consenting adults. Consent is the issue, not sex. It is not an art show or a theatrical production.
    Depends on what one is into...

    Quote Quoting MikeSmith321
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    They need to strike the word explicit from that definition. Looks to me like the far left infiltrated the DOJ and got that slipped in there to try and set legal precedent or climate.

    In Canada and in United Kingdom, affirmative consent is the law for everyone. I don't want to let it take root in the United States. Striking it down in college sounds like a good fight back. I wish I could include DOJ in a freedom of expression chill injunction to make them strike that word from that definition. It is not a law, and only state law matters, but it is believable someone googling the definition could stumble on their website and feel chilled.

    Sex is expression, though expression is not an absolute right. My argument would be that there is no compelling public interest in such a strict standard that outlaws many types of expression for no benefit to society. As such, the imposition on expression is unconstitutional.

    If there is something in the Violence Against Women Act I can take a swipe at, I'd like to know about it. I read it, and it is just a bunch of monetary appropriations to many groups, basically paying administrators to do studies and come up with rules. Who knows where the rules are published.
    Maybe if you spent half as much time on your studies as you have on this, you might be doing better in school.

  2. #12
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    Oct 2014
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    Default Re: What is the Significance of This Definition Posted by Us Department of Justice

    Quote Quoting MikeSmith321
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    I wish I could include DOJ in a freedom of expression chill injunction to make them strike that word from that definition. It is not a law, and only state law matters, but it is believable someone googling the definition could stumble on their website and feel chilled.
    No, it is not believable that one might feel their free speech and expression rights “chilled” by that one word in the definition, and you cannot compel the government to use the exact words and phrases you would wish it to use. Again, it seems to me you are overthinking this issue and making much more of it than is really there.

  3. #13
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    Default Re: What is the Significance of This Definition Posted by Us Department of Justice

    Quote Quoting qwaspolk69
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    Depends on what one is into...
    Eeeewwww!!!!
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #14
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    Jul 2010
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    Default Re: What is the Significance of This Definition Posted by Us Department of Justice

    Quote Quoting cdwjava
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    Eeeewwww!!!!
    Lol

  5. #15
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    Default Re: What is the Significance of This Definition Posted by Us Department of Justice

    Quote Quoting cdwjava
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    Eeeewwww!!!!
    Some people have different views on "art" and "theatrical expression." Lol. Like when Shia Labeouf sat in a chair and literally let people do anything they wanted to him. That was supposedly some "artistic" expression thing.

    I would not call it art but some have 'different' perceptions.

  6. #16

    Default Re: What is the Legal Definition of Sexual Assault

    Quote Quoting MikeSmith321
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    My question involves criminal law for the state of: United States Federal Law
    Quote Quoting MikeSmith321
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    I think this definition is overly broad in the first sentence, and needs clarification of the second sentence. But does this definition carry any weight ever? When?
    Probably, the US Code definition is less broader and more specific.
    Thus, 10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally (https://www.law.cornell.edu/uscode/text/10/920) stipulates a person is guilty of sexual assault if:
    1. (1) commits a sexual act upon another person by—
      (A) threatening or placing that other person in fear;
      (B) causing bodily harm to that other person;
      (C) making a fraudulent representation that the sexual act serves a professional purpose; or
      (D) inducing a belief by any artifice, pretense, or concealment that the person is another person;
    2. (2) commits a sexual act upon another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring; or
    3. (3) commits a sexual act upon another person when the other person is incapable of consenting to the sexual act due to—
      (A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or
      (B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person;


    If we conclude, a sexual act must take place. It must also take place while other person does not give his/her consent or under threat/fraud, etc.

    Now regarding your question about kissing. Lets have a look what "Sexual contact" means:
    (A) touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, or degrade any person; or
    (B) any touching, or causing another person to touch, either directly or through the clothing, any body part of any person, if done with an intent to arouse or gratify the sexual desire of any person.

    What is important, touching may be accomplished by any part of the body.

    Therefore, kissing if done with threat, while asleep, causing bodily harm, etc. (see above) falls under "any touching... if done with an intent to arouse or gratify the sexual desire".

    Well, thats the statute. Scholars provide a big variety of sexual assault definitions: https://definedas.com/legal/sexual-assault - most of the definitions are related to unwanted sexual activity, while some understand it in a narrow way (penetration of vagina, mouth, or rectum), others in a broader way (any unwanted sexual activity or sexual activity that is obtained without consent).

    Probably one could dig into case law and check more on kissing to clarify.

  7. #17
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    Oct 2014
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    Default Re: What is the Legal Definition of Sexual Assault

    Quote Quoting Totally Legal
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    Probably, the US Code definition is less broader and more specific.
    Thus, 10 U.S. Code § 920 - Art. 120. Rape and sexual assault generally
    For the benefit of others, that section is part of the Uniform Code of Military Justice (UCMJ) and applies only to acts committed by members of the military. Outside of the military, most rape offenses are going to be violations of state law, not federal law, and it will be the provisions of the the law of the particular state that will matter in most rape prosecutions.

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