this post was submitted on 23 Dec 2024
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[–] Knock_Knock_Lemmy_In@lemmy.world 3 points 2 days ago (1 children)

I think consent is the wrong word here. A 17 year old can consent to a subgroup of people (under 24). Therfore she is above the age of consent.

The girl has full control over her decisions but, more importantly, should not be charged with any crime.

Gaetz on the other hand ...

[–] LifeInMultipleChoice@lemmy.dbzer0.com 1 points 1 day ago* (last edited 1 day ago) (1 children)

Consent is tied to legality. You can consent to a credit card at 18 but not 17.

I can tell someone it's fine to punch me in the face, and you could call that consent. When the person next door sees it out the window and calls the police, they show up and will arrest them. Both parties say they approved of it and no one wants to press charges. Tough shit, if they follow the law they arrest the person, charges for assault are placed against the person who punched by the State it happened in.

The "victim" who thinks they consented can tell the state prosecutor they don't want there to be charges when they get a subpeno to show in court.

So did I ever actually give consent? No... I never had legal right to at any age.

(There are some loop holes in a few states, and ways to get out of it, but you get the point)

Note: This is a another huge example of how laws are broken and ignored by companies and people with money as well. An NFL contract may list that consent was placed to be hit during a tackle, but when a play is over and someone intentionally kicks someone in the ribs, slams someone's head down into the ground again or hits a player the league "fines them or suspends them" but they are criminal charges so they should be out in front of a judge. Why would they be exempt from the law.

Fun example: https://m.youtube.com/watch?v=CgjAN_wgmiI

[–] Randomgal@lemmy.ca -3 points 1 day ago (2 children)

Nobody goes to jail if you don't press charges bucko. Nice try though.

[–] LifeInMultipleChoice@lemmy.dbzer0.com 2 points 1 day ago* (last edited 1 day ago)

You have no idea how assault charges go. The charges are from the State, not a person. It isn't a civil case. (Also you could be in another country, so maybe it is different in your country)

Also a civil suit can be filed separately for restitution by the person. So you could have criminal and civil suits side by side

Note: most domestic violence charges in the U.S. the partner does NOT want charges to be placed.

[–] JoeBigelow@lemmy.ca 2 points 1 day ago

That's not how criminal law works, actually. In criminal courts the State brings charges regardless of the victims wishes.

Is there a c/confidentlyincorrect ?