Upskirt Photographer Acquitted

[cp_ste.croix]

Dear Chris,

It's an interesting question whether it is a battery, or whether the fear of battery creates the illusion of consent and therefore no battery. I'd argue strongly (with you) that it's a battery but I'd also charge assault in case battery failed.

'illusion of consent' is a tricky concept, and while I know what you are saying, i still find it a difficult concept to grapple with. Of course, the laws, in Canada, around consent are vague, to positve and negative results at times. Again, maybe something for a PM...

Worse than a barroom brawl? Depends on the rape and the brawl. I have friends who have suffered the former and other friends who have sought out the latter. But is rape worse than (for example) systematic torture not ending in death. Hardly, I'd argue.

The maximum penalty for aggravated assaults is about the same as the maximum penalty for rape in most places: ABH and GBH (actual and grievous bodily harm) can carry very stiff sentences and it would be hard NOT to argue ABH in most rapes.

In other words, there are assaults that are worse than almost any rape -- lifelong mutilation, such as cutting off both arms, for example -- and it is principally masculine possessiveness, the treatment of women as property, not as individuals with their own right to remedies, that leads to its being regarded as a unique crime.

Extremely nasty, yes. Unique, no.

And as for the argument that many women will think differently, well, so will many men. But most of the women I have discussed the above view have agreed with me. The only woman with whome I have discussed the posting, my wife, also agrees, but added "But I don't think they will understand what you are saying."

Cheers,

Roger

Of course there are assaults that are so terrible as to defy comprehension, and I'm not sure, othre than for purely punitive purposes, that creating a heirarchy of crimes at this level is entirely useful. when it comes down to it, arguments like 'my broken arm is worse than your broken foot' are untennable at best. Of course, I know that this is the purpose of the law.

Though I know this will open up an entirely new can of worms, and one which I will be very open to debate, I consider rape a hate crime. There are reasons that marginalized groups are protected from harassment be special laws and I feel that the same reasoning applies here.

As to finding others that agree with oneself, I tend to find I surround myself with like-minded individuals as well 😉

 

[Roger Hicks]

Dear Chris,

A hate crime?

Probably untenable. First, positing half the human race as victims stretches hate crimes quite a long way.

Second, a hate crime is normally a way of asserting an (illusory) superiority. We're into basic legal territory here with mens rea and actus reus. What is the wrongful intention (the mens rea) here? Assertion of superiority or satisfaction of lust?

Besides, why does it NEED to be a hate crime? Treat it as an aggravated assault or indeed battery. Occam's razor comes into play here; I casually translate it as 'why make things more complicated when it won't do any good?'

Cheers,

Roger