If She's Drunk, He's Guilty; If He's Drunk, Too, He's Still Guilty

By Amy Alkon


donkeyrock
shared this story
from Advice Goddess Blog.

If She’s Drunk, He’s Guilty; If He’s Drunk, Too, He’s Still Guilty
From a story by Peter Jacobs at Business Insider, “How ‘Consensual’ Sex Got A Freshman Kicked Out Of College And Started A Huge Debate”:

An ongoing legal dispute over a drunken sexual encounter between two freshmen, which occurred one year ago last week at the college, has become a battle over how to define the terms that govern campus sexual-assault policies.

…Per Occidental’s policy, students are unable to consent if they are “incapacitated” — a state of being that, although often caused by alcohol, is distinct from drunk or intoxicated.

After examining all of the evidence provided by Occidental’s team of outside investigators, an external adjudicator made several key determinations. First, that sexual intercourse had in fact occurred; second, that Jane Doe gave her consent; and, third, that Jane was incapacitated when she did so.

As the external adjudicator wrote:

[T]he fact that Complainant successfully navigated herself, under her own power, to the Respondent’s room, indicates both that, at the time, she had an awareness of where she was and that her motor skills were sufficiently intact to enable her to walk unassisted. Those factors, however, must be considered not in isolation but along with all of the other evidence regarding the Complainant’s condition during the relevant period.

The report added that Jane Doe was “incapacitated at the time she engaged in the conduct or statements that indicated she consented to sexual intercourse with the Respondent.”

One final question remained: Should John Doe have known that Jane Doe was incapacitated, and thus unable to effectively consent?

Indeed he should have, the adjudicator found. Citing Occidental’s policy stating that “Being intoxicated or impaired by drugs or alcohol is never an excuse for sexual harassment, sexual violence, stalking or intimate partner violence and does not diminish one’s responsibility to obtain consent,” the adjudicator determined that John Doe had committed sexual assault, despite not having knowledge of Jane Doe’s state at the time.

My suggestion for men on campus — and I’m not joking — is to go in with a bunch of friends for a time-share on a prostitute until they’re out of college.

…read more

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Cops And Prosecutors Shouldn't Have This Cover

By Amy Alkon


donkeyrock
shared this story
from Advice Goddess Blog.

Cops And Prosecutors Shouldn’t Have This Cover
Jamie Satterfield writes in the Knoxville News-Sentinel about what your options are if you’re falsely arrested.

In short, not much. The paper only makes this available to subscribes, so I copied this excerpt Knoxville-dwelling Glenn Reynolds posted:

Suppose a police officer finds an aspirin powder in your pocket and insists a presumptive test kit shows it is cocaine.

You are handcuffed and arrested. Maybe your neighbors or co-workers are watching, thoroughly embarrassing you and damaging your reputation. You are hauled off to jail, held for several hours and freed only after you post bail. Your mug shot is published online and in print in one of those “Just Busted” tabloids. You shell out money to get your vehicle out of the impound lot and hire a lawyer.

Then, weeks later, a test by a forensic chemist reveals that powder was exactly what you said it was — aspirin — and prosecutors drop the charge.

The officer was wrong. Your dignity, reputation and wallet paid the price for the officer’s mistake.

Lawsuit in the making, right?

Not under Tennessee’s Governmental Tort Liability Act.

If a citizen is wrongfully arrested, the tort liability law protects governments and their employees from legal action.

via @instapundit

…read more

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The Older Brother gets deja vu all over again

By The Older Brother


donkeyrock
shared this story
from Fat Head.

Here’s another callback for you longtime Fatheads. It’s from the end of a two-parter I wrote on the State of Illinois’ attempt last year to regulate raw milk producers out of business, “The Older Brother’s notes from the sausage factory floor…” At the end, after over a hundred people showed up to politely but loudly protest the state’s heavy-handed actions, I noted:

“I’ve heard from a couple of folks who think the regulators got an education on raw milk… Maybe the bureaucrats would change things up substantially. Maybe even remove impediments to raw milk while setting a few common-sense protocols, as it fits in with the buy local/real foods programs the state and others talk up.”

Feeling I had a better understanding of bureaucratic sausage-making than those good, honest people, I ended with…

“I’m guessing they’ll lay low for a few months or more, and then pass pretty much all of those rules as is, maybe without the 100 gallon limit. Or maybe they’ll bump the limit to 500 gallons. But they didn’t learn anything, and they’re there to pass those rules.

It’s what they do.”

… Well. Sorry to be right again, but really, it was an easy call.

Apparently, in the last week or so, the FDA-funded lickspittles at the Illinois Department of Public Health went ahead and promulgated new rules concerning raw milk because… well, because there were no rules and how can you just let people mind their own business without someone writing rules to give them permission to do their own business and regulations detailing how that business is to be minded.

This go-round, they’ve posted for comment regulations that will require anyone selling raw milk to gather the name, address, and phone number of anyone they sell raw milk to and turn it over to the state on request. They will also be prohibited from milking a cow with any dirt on its udder or belly, and be required to only milk cows in a building with floors and walls that can be cleaned. In other words, you can’t milk a cow outdoors, and you’ll have to build a building for several tens of thousands of dollars to do it in.

These are, of course, only a start. Once they get some regulations on the books, they can keep expanding them and “re-interpreting” them until they’ve driven all raw milk producers out of the market. …read more

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Decrying “Wishful Science” on NPR(!)

By Guest Blogger


donkeyrock
shared this story
from Watts Up With That?.

By Patrick J. Michaels Guest essay by Dr. Patrick Michaels | First, a disclaimer. I don’t listen to NPR. “State radio” bugs me. But I have friends who do, and I was bowled over when one sent me a seemingly innocuous story about the search for a pharmaceutical treatment for Amyotrophic Lateral Sclerosis [ALS], the horrific ailment also known… the… …read more

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09/16 Links Pt2: War of Principles; Europe's Pro-Gaza Movement Cultivates Violence, Anti-Semitism

By Ian (noreply@blogger.com)


donkeyrock
shared this story
from Elder Of Ziyon – Israel News.

From Ian:


Alan Dershowitz: War of Principles: Fighting ISIS, other terrorist groups under democracy’s rule of law
When democracies seek to protect their citizens against new threats posed by terrorist groups such as Al Qaeda, ISIS, Hamas, and Boko Haram, the old rules — designed for conventional warfare among nations — sometimes become anachronistic. New balances must be struck between preserving people’s civil liberties and protecting them against terrorist violence. As Aharon Barak, the former president of the Supreme Court of Israel — a nation that has confronted this issue over many decades — once put it: “Although a democracy must often fight with one hand tied behind its back, it nonetheless has the upper hand.”
Barak was right on two scores: The commitment to the rule of law constrains democracies in fighting terrorists who have no concern for international law; yet although we must fight terrorism with one hand behind our back, that does not mean that we cannot use the other hand forcefully, effectively, and legally.
Employing military force against terrorists who take hostages, as ISIS does, or use human shields, as Hamas does, raises one of the many difficult challenges currently facing democracies.

How Europe’s Pro-Gaza Movement Cultivates Violence, Anti-Semitism

Even if one differentiates between the people and their leaders, as the Algerian author Anwar Malek stated: “Arab leaders are a reflection of their people. Arab leaders don’t come from Mars or the sun, they emerged from among the people and share the same beliefs. If you placed any Arab citizen in power… I challenge any Arab citizen who may become a ruler to do anything beyond what current Arab leaders are doing.”
Although a sovereign Palestinian state might seem desirable “on paper” — at least if it is not next to you and calling for your death — the exaltation of a future Palestinian State, glorified during anti-Israeli demonstrations as a haven of peace and harmony, seems for the near future unfortunately baseless.
What the protestors in the Netherlands also revealed — in terms of hypocrisy — is that a killed Palestinian is only worth demonstrating for when the blame can be pinned on Israel.
In February 2014, 2000 Palestinian civilians had already been in killed in Syria. The Palestinian refugee camp Yarmouk in Damascus, has seen over 128 Palestinians literally die of starvation. Hamas executes Palestinians on a near-daily basis. Where are the demonstrators?

Anne Bayefsky: The United Nations: World’s Leading Purveyor of Antisemitism

My time …read more

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