You be the judge - sexual assault?

(This isn't about assault on me but more a hypothetical situation.)

If I had lived in another country I may have been arrested for drugs. Also, I think there is stuff like mandatory sentencing for drugs in some countries. Anyway, someone called the police on me in ill will; disorderly conduct or public intoxication or whatever -and yes I was drunk. I didn't get charged, fined, or anything though.

Marijuana, on the other hand, has a very distinct smell when smoked and I knew the cop confronting me could smell it. This is mid September and in Canada it will become legal in like a month. The last question he asked me was: "Do you have any drugs on you?" So, I roll my eyes, reach into my pocket and hand the officer a plastic baggy with an amount of weed that no judge (in Canada?) would give a rats ass about. Of course I did because a possible charge/conviction of obstructing justice can have a wide range of penalties (I was really unhappy about handing over my dope too!)

My friend remarked on that incident: "the cop stole your weed". Which is a possibility, I've heard of things like U.S. visitors in Canada trying to take a case of beer back across the border. Being loudly berated by the Canadian border guards, but have nothing happen except the beer confiscated...


* * *

I've read some stuff about a man jailed for rape and eventually that conviction reduced to sexual assault because the drugged woman always had her clothes on; this on another board. There were a lot opinions and details that I didn't care to read or care to even make an opinion of my own. Like, as Britney Spears' comment on the second Gulf War: "I think we should just trust our president".

Now hypothetically, say me and my husband of years were at a party and I got severely drunk and passed out. He didn't remove my clothing, but he got naked, humped my leg and got seminal fluid on a lousy pair of jeans.

That's grounds for a sexual assault charge, but it's more fun for me to taunt him about it, (i.e. I don't care) and say, hang it over his head if he is looking towards a seat on the supreme court. (The Kavanaugh thing I find disturbing aside.)

But let's say I have him charged simply because I can. If you were the judge and he plead guilty what should be the sentence? If you were the judge and was found guilty by jury, what then? I have no idea what "no contest" actually means.

Addendum, I have nothing to do today but get high and drink. Hence, I started this thread, it's an amalgamation of various different thoughts.

 

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Oh yeah, I asked because it is a weird scenario and don't know what I should/can do in those the situations if I were judge. (Questions may also be too hard to answer, hence, I just post like an idiot.)

 

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The whole thing with kavanaugh is that the woman was not ok with it, and he denied the whole thing. If your husband admitted that it was wrong and you are ok with it why should he be sentenced?

 

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Say a thief steals a dollar from Bill Gates -it's still a criminal offense.

 

Sorry I was assuming he admitted his guilt. I had given my first reply because it didn't seem like you cared either way.
Either case it's up to the victim. I'm going to assume that bill gates doesn't really care. If no one's cares it doesn't matter if he deserves to be punished. No one's gonna bother punishing him. In your case it seems like you do care, so why not ask him to make amends, and if that's not acceptable take more drastic measures.

 

It shouldn't be.

 

I'm not really thinking about if Bill Gates gives a shit, but that of sexual assault.

Is there mandatory punishments for sexual assault?

 

To me, if somebody "steals" from Bill Gates and he doesn't notice the "loss" then there's no crime. If a woman doesn't notice that she's been "assaulted" is there a crime?

I think we focus too much on the perpetrators and not enough on the victims. "What he did" is not as important as how it affected her.

 

If he pled guilty? Then use the sentencing guidelines for that crime.

However I'd be very surprised if he pled guilty - because it would be very difficult to prove your case that it was sexual assault.

 

Should promoting fear in the all-around be a crime?

 

Once ,when having sexual intercourse with my girlfriend I decided to switch to mechanical mode and treat her for that time as just an impersonal tool.

At the end of it I got hell to pay and had to explain what I thought I was doing.

Maybe that was sexual assault?

Never tried that again of course.

 

<off-topic>

This is popularly called a victimless crime. And it's an oxymoron.

Theft is theft. Even if it's a dollar. Now,
1] it would hinge on whether the victim pressed charges, and even then
2] the sentence may be small (or waived), but due process still applies.
</off-topic>

Oh, and as far as on-topic goes, I'm not touching it with a pike. Not here.

 

Did Alexander steal Diogenes' light?

 

Uh, could you elucidate?

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"According to legend, Alexander the Great came to visit the Greek philosopher Diogenes of Sinope. Alexander wanted to fulfill a wish for Diogenes and asked him what he desired.[5] According to the version recounted by Diogenes Laërtius, Diogenes replied "Stand out of my light"

https://en.m.wikipedia.org/wiki/Diogenes_and_Alexander

 

And how does that relate to sexual assault?

 

I was just following Dave further off topic.

 

If memory serves:
Diogenes was wandering about town in the middle of the day with a lit lantern.
He met with no small amount of derision.
When asked what he was looking for,
he replied that he was looking for an honest man.

 

You can't steal sunlight. Diogenes was in his barrel at the time, and Alexander cast a shadow on it. Nothing to do with the lamp episode.

As for the sexual assault thing, if I were the judge, I'd demand to see you both in chambers, give you a tongue-lashing and the number of a marriage counsellor and charge you both for court costs, maybe tack on a fine for frivolous litigation.

 

Pedantry is a word game; you require one interpretation of "my light", and that is presumed for the sake of your argument, and not according to any observation of function.