Re:California is the first state to ban 'stealthing,' noncon...
by Moodles on Friday October 08, 2021 @01:39PM
(#28801874)
This seems similar to rape cases but even harder to prove since as the act itself would starts with consensual sex. So how will it be proven in court?
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Re:California is the first state to ban 'stealthing,' noncon...
by dragonwriter on Friday October 08, 2021 @02:26PM
(#28802446)
Its easier to prove (but with more constrained consequences) than any crime, since its a civil tort and thus need only be proven by a preponderance of the evidence (loosely, whose story the jury feels is more likely true), not beyond a reasonable doubt.
Re:California is the first state to ban 'stealthing,' noncon...
by 83457 on Friday October 08, 2021 @01:45PM
(#28801957)
May be easier to prove actually compared to normal consent based case as the default would be if the act was agreed on or started with a condom then taking it off would be an offense.
Re:California is the first state to ban 'stealthing,' noncon...
by Moodles on Friday October 08, 2021 @01:47PM
(#28801982)
Uh huh? So my question is, how is it easier to prove that's the case?
So the lady needs some proof that sex occurred without a condom. Then she also needs to prove both parties agreed to only use a condom beforehand. She also needs to prove that the guy deliberately took it out. Maybe they could put it on the blockchain.
Re:California is the first state to ban 'stealthing,' noncon...
by dragonwriter on Friday October 08, 2021 @02:29PM
(#28802474)
The civil preponderance of the evidence standard literally can be met by ”he said/she said" testimony by whichever party the trier of fact (jury or judge, depending on if it is a jury or bench trial) finds more credible.
It’s not a crime (I mean, the same act is already a crime, but that's not the law in question), so the criminal “beyond a reasonable doubt” standard of proof doesn't apply.
Re:California is the first state to ban 'stealthing,' noncon...
by codezero on Friday October 08, 2021 @01:45PM
(#28801953)
Easier in cases where disease or pregnancy occurs despite an agreement to use protection.
Re:California is the first state to ban 'stealthing,' noncon...
by Moodles on Friday October 08, 2021 @01:53PM
(#28802062)
A verbal agreement? Wouldn't it just be a he-said-she-said scenario? Or do you think people will have a written agreement? And even then, diseases can spread even with a condom. And, I would presume, the perpetrator will claim it was an accident it slipped out.
Re:California is the first state to ban 'stealthing,' noncon...
by goboronshka on Friday October 08, 2021 @01:42PM
(#28801920)
Similar to the way most violent crimes are proven -- confessions.