Quote:
Originally posted by SirHornyToad
if its consentual?
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First, to clean up some legal things.
This would be a battery, NOT necessarily an assault.
An assault is the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact
Battery is the application of force to another, resulting in harmful or offensive contact.
Both of those definitions are courtesy of my wonderful Black's Law Dictionary.
So this particular circumstance would be considered battery. Much hazing could be found to be assault..... any sort of threats.
There's a pretty fine legal line here.....even if you think consent is given, they could easily say that they did not consent. Also, forced consent isn't going to count as real consent either.
Basically, if they got a good enough attorney, consent means crap.
Anything like this, you seriously REALLY need to watch yourself. Assault/battery could easily carry a nice amount of jail time. Not to mention fines, probation, and that it could effectively ruin the rest of your life.
Much stupider things have happened and have been found by juries to be battery. If there's any sort of contact/unwanted touching, you could potentially be in a boatload of trouble.
Believe it or not, we spent almost an entire class last semester in criminal law talking about the legalities of the movie "Fight Club"....
Last semester.... back when law school was fun (it blows at the moment).
*takes off the lawyer hat and goes back to normal GCer hat*
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