• LifeInMultipleChoice@lemmy.dbzer0.com
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    3 days ago

    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

      • LifeInMultipleChoice@lemmy.dbzer0.com
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        3 days 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.

        • Randomgal@lemmy.ca
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          17 hours ago

          “the charges come form the state” So there are charges. That’s what I said. Are you slow???

          • LifeInMultipleChoice@lemmy.dbzer0.com
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            12 hours ago

            “Nobody goes to jail if you don’t press charges bucko. Nice try though.”

            If you don’t press charges implies a person. No person has to press charges. Step by step:

            1. Person gets hit
            2. Neighbor saw and reported
            3. Officer “investigates” means take accounts from all members involved and witnesses, and arrests the person.
            4. Person goes to jail.
            5. State prosecutor reads the report and sets what charges are being filed by the state.
            6. Magistrate sets bail cost (if any or allowed) for the defendent.
            7. Person finished 8-12 hour stint in jail and is allowed to be removed with the bail being paid, and a court date set for a first appearance where the defence can claim guilty/not guilty, request a public defender, say they will get their own lawyer or represent themselves,and they will set the date for the next criminal hearing. (The judge will have you fill out request forms to decide based on your income how much a public defender would cost)
            8. The next hearing is where they would supeono the “victim” and the state prosecutor would discuss their side with them. The defendent or their representative would meet with the state prosecutor and they would discuss a possible plea deal, where if you plea to it will have a possible reduced sentence but you will be marked guilty of the assault charge. If you do not want to agree with those, well then it progresses.

            Note: the person already went to jail in step 4. If they couldn’t pay bail they are still there (usually a bit expedited). If they afforded bail it is likely 2 months later now, that this criminal case is just ramping up.

      • JoeBigelow@lemmy.ca
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        3 days 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 ?