swolf01 (PNM)

Member Since 10/18/2017

From Minnesota

  • swolf01 7 years ago on Literally, Why Can't I Say #MeToo?

    While I appreciate you doing research, you are still misguided. These are typically civil complaints, not criminal. Not every lawsuit results in jail time. Prosecution is typically criminal. If you mean legal representation, then by all means you are incorrect. While lawyers are privileged to pick and choose their clients, we would have a pretty cruddy system if lawyers disposed of cases for the simple reason they don’t like the case. Everyone has a RIGHT to an attorney. Even 14-year olds. You are looking at penal codes, which again are criminal. In tort law, the result of an assault is any harmful or offensive contact. This is an objective test of whether a reasonable person would see it offensive. Typically, the courts find a reasonable person to object to unwarranted butt contact, etc;. Even football players or UFC fighters can be successful (and rightfully so) in their claims of battery or assault if the contact was outside the scope of the prescribes rules of the activity. Likewise, even prostitutes can and will be successful in litigation of sexual harassment suits. Your circumstances do NOT provide consent. Thats why intramarital rape is illegal. Consent to a relationship is not consent to assault. If you believe that a case of a 14 year old flirting makes her claims of sexual harassment/assault/battery make her any less credible that any person who had not been flirting means you are of the mind set that she was “asking for it” or “deserved it” and that, my friend, leads to reiterate my last point: It doesn’t matter what you think or what I think (which is that frankly your opinion is ill-advised and sucks) the law is the law and that’s that.

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  • swolf01 7 years ago on Literally, Why Can't I Say #MeToo?

    I don’t normally feel the need to correct others in a comments section, but you are terribly misguided about the law. I am a lawyer, and you should know that ANY and ALL forms of unwanted physical contact are considered, in the eyes of the law, as a battery. This doesn’t mean you need to have permission to touch someone every time, but they reserve the right to reject it. In our society, we provide recovery for those victims of battery. An assault requires intent to cause apprehension by a reasonable person’s standards, and generally the ruling post Title IX is that a reasonable person would NOT act similarly, putting the assailant in the wrong. Unwanted, unwarranted butt-grabbing DOES qualify as a battery/assault of the sexual nature. While there is no state law that requires permission to touch someone, the law does provide recovery for unwanted touching. The nice part about it is that it doesn’t matter what YOU think happened, or even what THEY thought, because the law is the law.

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