Charges

posted September 5th, 2014, 2:01 am


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October 26th, 2013, 4:30 am

GreenKrog

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So, apparently public endangerment is a thing. Seriously. If you are causing panic or provoking someone to attack you, the charges on them are lessened, and YOU can be charged for it! Not even kidding! Remember that whole "she was dressed so skanky so I raped her" defense that was going around? Yeah. Seriously. That's why it worked.

I'm not sure of the rules of talking to a minor without their legal guardian or council involved, sorry. I assume it is ok to give a statement if it is voluntary. My bad if it isn't.

Holy google, Annie, that last frame? I don't think I could do that.

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September 5th, 2014, 2:32 am

Cynn

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@GreenKrog: Laws like that seriously exist in 1st world nations????

...sigh, that I never knew.

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September 5th, 2014, 2:47 am

GreenKrog

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@Cynn: They are becoming abolished, one by one. The trans defense panic is FINALLY, as of Aug 28, 2014, illegal. In one state - California. The state Gwen Araujo was murdered in.
http://tinyurl.com/oktfaqe
In the other 49 states, if a transwoman surprises a man with her history, she can be killed and the charges vastly lessened.

Ultimately, the laws are a merging of the 'no shouting fire in a theatre' and 'they were egging me on to kill them'. You cannot shout fire in a theatre, because it created a mass panic, and people get hurt. If you stand in front of a crowd of bikers and start swearing about their mothers and how Harley Davidson sucks and you take a bottle to the skull, well, this defense goes into play.

In Annie's case, it is not particularly well defined what the charge is. I welcome you to look up incitement and 'fighting words' laws. In Canada (Annie's country) you can see the law on provocation of assault without injury;
http://tinyurl.com/nmpy9j7

I wish I had written down where my original research came from or the key words I searched, but this is a good start to the reasonability of the defense of provocation, especially since it resulted in the injury of another and not herself.

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September 5th, 2014, 9:52 am

stickygirl

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Ok so, who is the dude doing the talking here? If he's police and even threatening to press charges on behalf of Asshole-Pa-Strongbutt, he should officially caution her. There should be no notes made of this conversation because it has no legal standing.
As for holding her - I thought her legal guardian was there?!

I'm on the point of saying something triggering so I'm going to stop myself. This makes me so angry. Sorry for being angry

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September 5th, 2014, 1:31 pm

GreenKrog

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@stickygirl: He is a 'boy in blue', aka a police officer. As I said previously I don't really know the logistics of how a conversation like this is supposed to go down, but, isn't he explaining it to her now? Like, isn't this an official warning? Charges haven't been pressed yet, they are just having a conversation at this point. She isn't under arrest or anything like that, which is why I didn't think she would need her legal guardians. Like when a police officer pulls you over on the street and asks you questions, you CAN refuse to answer, but some people (like me) just answer the questions and assume they had good reason to do so. Then, I am not paranoid because police brutality doesn't seem to happen in Canada.
Julie is there - not Annie's mother or father. I'm not even quite sure if Annie's mother has guardianship or not. My understanding is that police are allowed to hold a minor until their guardian arrives if they are intending to press charges.

If you want to talk about whatever is triggering you, we could talk? Or, you know, if you don't, we can not. Since I don't knwo what it is though, you might want to skip the next few days.

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view CuteDress&TwinPonytails's profile

September 6th, 2014, 8:59 am

CuteDress&TwinPonytails

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" In the other 49 states, if a transwoman surprises a man with her history, she can be killed and the charges vastly lessened. "

This defense in the USA has been greatly weakened because of the passage of the Matthew Shepard Hate Crimes Bill a few years ago. Matthew Shepard was tortured and eventually died of his wounds because of his sexual orientation, but the legislation that bears his name also included crimes based on gender identity and/or gender expression. The penalties actually increase for the perpetrator, and helps remove the baseless defense of " he/she/it made me do it ", because of this meaningful law.

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