Innapropriate sexual behaviour without consent. Long story short, someone was touched inappropriately while passed out drunk and woke up to the nonsense. This is in Canada. What can I search to get more information on something like this?What type of law and legislation do they have on?
try googling for sexual assault while the victim is drunk in Canada
http://www.owjn.org/owjn_2009/index.php?鈥?/a>
and
http://www.vancouversun.com/news/driver+鈥?/a>
are just two of the results i found when i searched for it...the problem with the person having passed out while intoxicated makes the testimony from the victim (and other witnesses who had been drinking) unreliable
from my understanding of the law in this area, the closest charge would be assault and battery... assault causing physical, mental, emotional harm and battery, the touching of another person without permission... i'm no lawyer, just a student studying to become a first paralegal and then a lawyer... which means, i could be wrong... i would suggest getting legal advice from someone qualified to give itWhat type of law and legislation do they have on?
There is sexual imposition. If she goes to the police (or he) then they will investigate and prosecutor can charge. That would be a criminal charge and up to prosecutor to determine the charges.
It is illegal to molest someone while out drunk. Can't consent.
As to rape, that might depend on the law and specifics. In some states rape must have vaginal penetration. So might depend on extent of the actions. Whether that is penetration by penis or not, I do not recall. But it is still a sexual offense and would be if it were an object rather than a body part.
Touching in private areas would also be illegal when had no consent or if under age of consent with an adult.
Don't be hung up on what it could be, person needs to go to police and tell them so they can investigate. If it was some time ago, might be harder to prove.What type of law and legislation do they have on?
Try Sexual Harassment, Statutory Rape (if a minor), Rape, Attempted Rape, Battery, and Assault.
The actual difference between Assault and Battery is specific in the law. Assault is simply threatening behaviour like shaking your finger in someone's face. but Battery is where you actually lay that finger on that same person. So be sure of what you are looking for. You don't have to have Assault to commit Battery. You might have a case for Battery or Sexual Battery.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment