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Thread: Is this sexual assault?

  1. #11
    Gold Member SarahLancaster's Avatar
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    Originally Posted by WaywardKiwi
    Hey everyone,

    I have been scolded by zealous members before for offering legal background or information regarding sexual assault, but my primary concern is that people fail to report instances of sexual assault. I understand the reality of the current system across all jurisdictions means that these complaints are not handled ideally in the vast majority of cases. However, as I have pointed out before, I sincerely and honestly believe that the path to a better system comes from people reporting. I am not offering any legal advice. As I already stated, if you want to know the situation in your jurisdiction, you need to talk to a lawyer or the police (and even then, they are not infallible either).

    With all that said, in Assange v Swedish Prosecution Authority [2011] EWHC 2849, the High Court in the UK did hold at [85] - [91], that removing a condom during sex where consent was predicated on the wearing of a condom did amount to an offence (sexual assault) under The Sexual Offences Act 2003 in the UK. That case was an extradition case, and I am not aware of any direct prosectuion for this in the UK, however that is persuasive precedent in that jurisdiction. Furthermore, High Court decision in the UK are persuasive in all common-law jurisdictions, including the US, Canada, New Zealand and Australia.

    Again, I AM NOT SAYING ANYTHING ABOUT THIS PARTICULAR CASE. But please, if any woman finds themselves in this situation IN THE FUTURE - you do not have to write if off as 'bad behaviour' about which nothing can be done. You may have a legal case, and if you have the will and the inclination you should not be discouraged from pursuing that as far as possible.

    Ultimately, I just want these ********* out of general circulation.

    Anyway, not trying to hiijack, just something that gets my waters up,

    T
    That's interesting. Would it also be considered sexual assault if the women lied about being on birth control and she got pregnant? A slippery slope, to be sure.

  2. #12
    Platinum Member Wiseman2's Avatar
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    Yes he's a jerk. Have you gotten therapy for dealing with this. That's your best recourse at this point. It sounds like you were naive and he was coercive and took advantage.. That practice is called "stealthing". The bottom line is to get therapy and move on from this since legally there is nothing you can do about it now.

  3. #13
    Bronze Member WaywardKiwi's Avatar
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    Originally Posted by Hollyj
    But, she continued sleeping with this guy after she knew he did it.
    Originally Posted by SarahLancaster
    That's interesting. Would it also be considered sexual assault if the women lied about being on birth control and she got pregnant? A slippery slope, to be sure.
    Hey Holly and Sarah,

    As I said, I am really cognizant of hiijacking the thread, so I started a new thread for general discussion of issues relating to sexual assault. I replied there, check it out if you are so inclined:

    [Register to see the link]

    Thanks,

    T

  4. #14
    Platinum Member catfeeder's Avatar
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    I just don't want to be put into that catogory.
    You get to decide how you want to frame every experience you have, so choose one that benefits you. Choose whether you'll want to move forward with a victimized belief that you are a the mercy of other people's lousy judgment, or whether you will replace their judgment with your own. Decide whether you will damage yourself by spinning yourself into a deeper hole to climb out of, or whether you will consider the lessons your experiences can teach you in order to build the confidence to move forward.

    We each make the choice between adopting resilience or harming ourselves with rumination and stagnation.

    Choose wisely.

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