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Ex-Israeli president gets 7 years in rape case

Started by jimmy olsen, March 22, 2011, 03:34:15 AM

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Barrister

Quote from: Admiral Yi on March 22, 2011, 06:14:03 PM
But if in a couple years she does complain, then it's sexual assault, right? :)

More seriously, I've never heard this kind of thing called sexual assault in the US and would be very surprised if I ever did.  I suppose the rest of you are free to call it whatever you want.

I expect the opposite.  We'll have to wait and see what the US lawtalkers say.

Do note it isn't as simple as any sex with your boss being sexual assault.  There has to be an "abuse of a position of power" which is a factual finding for the trier of fact.
Posts here are my own private opinions.  I do not speak for my employer.

dps

Quote from: Barrister on March 22, 2011, 06:16:55 PM
Quote from: Admiral Yi on March 22, 2011, 06:14:03 PM
But if in a couple years she does complain, then it's sexual assault, right? :)

More seriously, I've never heard this kind of thing called sexual assault in the US and would be very surprised if I ever did.  I suppose the rest of you are free to call it whatever you want.

I expect the opposite.  We'll have to wait and see what the US lawtalkers say.

Do note it isn't as simple as any sex with your boss being sexual assault.  There has to be an "abuse of a position of power" which is a factual finding for the trier of fact.

The thing is, in the US, sexual harassment law specifically covers that as sexual harassment.  Now, the law on sexual harassment in the workplace comes under federal labor law, while law on rape and sexual assault comes under state criminal law, but one would think that Congress wouldn't include the boss abusing his position to get sex from his employees as sexual harassment if states had generally already included it as sexual assault.  But as always with US law, you have at least 50 potentially widely differing state laws to consider.

Eddie Teach

Law-talkers aren't any better suited than the rest of us to pass judgment on what words mean in the English language, but only with how they're used in a courtroom.
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Neil

Lawyers aren't suited for much of anything.  Laws must be abolished.
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