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  • Withdrawl of consent

    A first in the Scottish system http://www.crownoffice.gov.uk/News/R...thdrew-consent
    I wonder how it will effect other cases being brought to trial.
    I can't find much on-line about the case apart from the fact theft was included in the charge.

    I notice people often mention pre sex consent contracts, I would guess in a case like this they wouldn't be worth the paper...
    Last edited by Izzy; 25 August 2012, 10:03 PM.

  • #2
    Well spotted Izzy; this ruling opens up a whole new can of worms: must there be a specific method of withdrawing consent, i.e. calling no...no...no....rather than yes...yes....yes....(sorry to be factitious about a very serious point!); or will a non-verbal indication be sufficient in the eyes of the prosecutors.

    I foresee some interesting cases coming up......

    Edit to add that on reflection I think that this provision is already in force in England so perhaps it is only a matter of Scotland aligning the goalposts.
    Last edited by Casehardened; 26 August 2012, 05:58 AM.
    'What doesn't kill you makes you stronger'

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    • #3
      Yes, already in effect in England...and I am sure there have been some tricky cases where someone has simply changed my mind (fair enough) but not clearly indicated to their partner (not so fair)
      "Be sure your sin will find you out"

      Numbers 32:23

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      • #4
        Originally posted by Casehardened View Post
        Well spotted Izzy; this ruling opens up a whole new can of worms: must there be a specific method of withdrawing consent, i.e. calling no...no...no....rather than yes...yes....yes....(sorry to be factitious about a very serious point!); or will a non-verbal indication be sufficient in the eyes of the prosecutors.

        I foresee some interesting cases coming up......

        Edit to add that on reflection I think that this provision is already in force in England so perhaps it is only a matter of Scotland aligning the goalposts.
        I believe it's a first in Scotland CH. Haven't found much info. about the case though.

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        • #5
          Originally posted by Faith View Post
          Yes, already in effect in England...and I am sure there have been some tricky cases where someone has simply changed my mind (fair enough) but not clearly indicated to their partner (not so fair)
          Very well put Faith.

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          • #6
            Originally posted by Faith View Post
            Yes, already in effect in England...and I am sure there have been some tricky cases where someone has simply changed my mind (fair enough) but not clearly indicated to their partner (not so fair)


            Yes, in the dim and distant past I remember my mind being changed for me.......ahem.....and very nice it was too!
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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            • #7
              Originally posted by Rights Fighter View Post
              Yes, in the dim and distant past I remember my mind being changed for me.......ahem.....and very nice it was too!
              'What doesn't kill you makes you stronger'

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              • #8
                I don't think Faith has realised what he typed!
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                • #9
                  oh my - bites lip ................
                  And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

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                  • #10
                    I know which book you've been reading!!
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                    Comment


                    • #11
                      *snort*
                      I didn't even check!!!
                      Izzy said it was very well put too (blush)
                      "Be sure your sin will find you out"

                      Numbers 32:23

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                      • #12
                        I haven't, just comments (very sarcastic too!) about it!

                        Wouldn't waste my time on them - don't tell me you've been indulging?
                        And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

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                        • #13
                          Originally posted by Rights Fighter View Post
                          I know which book you've been reading!!
                          Everyone called Ana please leave the building...
                          Wow... A signature option!

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                          • #14
                            Originally posted by Faith View Post
                            *snort*
                            I didn't even check!!!
                            Izzy said it was very well put too (blush)
                            I read what you meant rather than what you wrote
                            Guess I'll never get a job as a proofreader!

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                            • #15
                              ha ha haaa! Nothing more to say.

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