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At Least I Can Still Visit The Sex Clubs :-) (pg. 2)
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View this Thread in Original format
| Moral Hazard |
| quote: | Originally posted by Jayx1
every time we fart we harm the environment... whats your point? |
my point is that proving a psychological harm is very difficult, therefore it is likely that nearly everything will fail the test and prosecutions will be nil..... essentially I see this as the creation of a permissive society. |
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| TO guy |
| Subjective tests have been around in criminal law for quite a well. R. v Lavallee ... battered woman syndrome. |
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| Moral Hazard |
| quote: | Originally posted by Orko
The main difference is that at the bath houses, everybody knows what they are getting into, and thats why they go there. When you got a night club, you are going for music/dancing. Sex is not part of the agenda. |
true but will you suffer a psychological injury in this instance. My guess is very few would and their claimed injury would need to be proven before the crown could successfully prosecute. |
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| Jayx1 |
| quote: | Originally posted by Moral Hazard
my point is that proving a psychological harm is very difficult, therefore it is likely that nearly everything will fail the test and prosecutions will be nil..... essentially I see this as the creation of a permissive society. |
good we need to get the state out of our bedrooms, our living rooms and our kitchens...
Let people do what they want. We have laws against non consentual sex. Everything else beyond that is pretty much all about "moral" control. And the government should not be in that business. |
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| TO guy |
| quote: | Originally posted by Moral Hazard
true but will you suffer a psychological injury in this instance. My guess is very few would and their claimed injury would need to be proven before the crown could successfully prosecute. |
That's just saying that the conduct isn't indecent though. There were other issues in this case. Operating a bawdy house, etc. |
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| TO guy |
| quote: | Originally posted by Jayx1
good we need to get the state out of our bedrooms, our living rooms and our kitchens...
Let people do what they want. We have laws against non consentual sex. Everything else beyond that is pretty much all about "moral" control. And the government should not be in that business. |
Exactly. |
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| Moral Hazard |
| quote: | Originally posted by TO guy
Subjective tests have been around in criminal law for quite a well. R. v Lavallee ... battered woman syndrome. |
but that would be to prove an affirmative defence rather then to prove whether or not a criminal act was commited. |
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| Moral Hazard |
| quote: | Originally posted by Jayx1
good we need to get the state out of our bedrooms, our living rooms and our kitchens...
Let people do what they want. We have laws against non consentual sex. Everything else beyond that is pretty much all about "moral" control. And the government should not be in that business. |
I agree with you and I agree with the decision of the court. My point is that I think we are in for a period of interesting test cases. |
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| TO guy |
| quote: | Originally posted by Moral Hazard
but that would be to prove an affirmative defence rather then to prove whether or not a criminal act was commited. |
well if there is an affirmative defense there is no criminal act .... |
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| TO guy |
| quote: | Originally posted by Moral Hazard
I agree with you and I agree with the decision of the court. My point is that I think we are in for a period of interesting test cases. |
Really? You think obsenety is such an issue? The test they developed was specifically for that issue, nothing as broad as Oakes ... |
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| Moral Hazard |
| quote: | Originally posted by TO guy
well if there is an affirmative defense there is no criminal act .... |
not necessarally, the defense of battered wife syndrome results in the assailant being declaired not criminally responsible. The act was still committed and contrary to the criminal code, however, the courts do not hold the assailant to be responsible. That's different then the crime not being commited at all as would be the case with indecent acts that do not meet the new test. |
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| TO guy |
Are not criminally responsible and not criminal really two different concepts?
222. (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
(3) Homicide that is not culpable is not an offence |
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