Woodpecker wrote:
albedo wrote:
Woodpecker you are saying A or E is rape even if the person doesn't allege it?
I hold the view that a crime occurs regardless of the fact that no one has compained yet, if I throw a stone at your window the act of throwing a stone with the intention of breaking the window is a crime. The vandalism does not become a crime at the moment you complain to a policeman.
If you throw a stone my window, the policeman will see it and may take you down to the station, but they will contact me and if I don't want to peruse, it then you cannot be charged, however you might be charged with some other public order offense, otherwise you will be unarrested, and you will be free to go.
There are also other reasons why you might throw a stone at my window that aren't malicious, such as me asking you to.
There are these legal safeguards for a reason, and are not just opinions, they are based on centuries of legal testing, and they actually use the word 'safe'. An acquittal is made when a conviction is deemed 'unsafe'. As in the evidence, no longer stand ups to scrutiny, or there is new information, that changes the course of events.
In the case of assault if I give the defense of consent, that should be enough for it to be thrown out.