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Discussion Starter · #1 ·
If you didn’t resist, you must have wanted it
The meaning and parameters of consent in sexual assault has evolved over the yea[r]s, from the common law requirement of resistance “to the utmost†to prove lack of consent, to a shift in focus to the individual will of the victim. Consent, as a legal concept, is not limited to sexual assault law. It rears its ugly head in another critically important area: Fourth Amendment jurisprudence.
Click the link for more... a good read.
 

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Seasteading Aficionado
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Whoa, that is sickening in both ways. Completely unbelievable. How did we get here? Its really starting to become no means yes. Things have really gotten messed up. How do we restore our judicial system?
 

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Lawyer and Gun Activist
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28,314 Posts
How about this: If you remain silent, your refusal to explain yourself or answer accusing questions is itself evidence of your guilt?

I thought that this was not allowed. You always have the right to remain silent, even without being in a state of custodial arrest where Miranda rights have to be read to you, right?

True, you "may" remain silent most of the time. You can always choose not to answer leading questions that accuse you of wrongdoing and demand you explain yourself. But you don't have the right not to have your silence commented-on by the prosecutor and inferences of your guilt drawn from it. The government can punish you for exercising your rights!
(Under some circumstances, always outside of custodial interrogation.)

The bottom line is that courts will bend over backward to interpret the law in a way that lets good cops lock up bad people and keep them locked up. So if you ever have something happen where cops get involved and somebody says you committed a crime, try to look and behave like a "good guy" as much as possible. (But that doesn't mean giving an interview or detailed statement before you have a chance to talk to a lawyer).
 

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gunsmoker said:
The bottom line is that courts will bend over backward to interpret the law in a way that lets ostensibly good cops lock up supposedly bad people and keep them locked up. So if you ever have something happen where cops get involved and somebody says you committed a crime, try to look and behave like a "good guy" as much as possible. (But that doesn't mean giving an interview or detailed statement before you have a chance to talk to a lawyer).
Fixed that for you.
 
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