3 ms·

If you accept Stallman's assumptions (the victim was 17, coerced by Epstein, and "presented as entirely willing" to Minsky), then Minsky did not commit a "sexua

by sjy 7y ago

If you accept Stallman's assumptions (the victim was 17, coerced by Epstein, and "presented as entirely willing" to Minsky), then Minsky did not commit a "sexual assault" as defined by that Colorado law. Which seems to be Stallman's point.

eesmith 7y ago
There are several issues here, which you have combined into one: 1) Stallman states: "The word “assaulting” presumes that he applied force or violence, in some unspecified way, Only that they had sex. ... I’ve concluded from various examples of accusation inflation that it is absolutely wrong to use the term “sexual assault” in an accusation. However, "sexual assault" as a legal term includes many examples where there is no use of force or violence. As I pointed out as a generic example. This was to show that Stallman's definition is wrong in the general sense. 2) Is it rape in the US Virgin Islands? Yes. The law is 14 V.I.C. § 1702 - https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=dbbf4abf-3a2a-428c-9859-4d34dfc21243&nodeid=AAQACAAAG&nodepath=%2FROOT%2FAAQ%2FAAQACA%2FAAQACAAAG&level=3&haschildren=&populated=false&title=%C2%A7%E2%80%821702.+Rape+in+the+second+degree&config=014DJAA3OWU1MmYyMC1kNzRhLTQ4NDAtYTMxZS01YzJhMzBkZDA0NDMKAFBvZENhdGFsb2dSOvVciRp0EcGxvMymeAXd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A5BWH-HCC1-DXC8-01NX-00008-00&ecomp=h3t7kkk&prid=54a8a047-53c8-4a1e-8679-c5d190a3c5d6 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=... : > § 1702. Rape in the second degree > (a) Any person over 18 years of age who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person who is at least 16 years but less than 18 years of age, and the perpetrator is 5 years or older than the victim, is guilty of rape in the second degree and shall be imprisoned not more than 10 years. That is, while the age of consent in Colorado is 17 (excluding child prostitution, which is until 18), it is 18 in the US V.I. Stallman doesn't like that US V.I. definition, but since his complaint is 'it is absolutely wrong to use the term “sexual assault”', his personal views don't really matter. At best he can say it's morally wrong, according to his own morals. 3) Is rape a form of sexual assault? Yes. Indeed, many states have replaced their rape laws with sexual assault laws. I cannot find where "sexual assault" is defined, for purposes of US V.I. law. It is used but not defined. In general, "sexual assault" is "any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent." - https://www.law.cornell.edu/uscode/text/34/12291#a_27 https://www.law.cornell.edu/uscode/text/34/12291#a_27 (34 U.S. Code § 12291 (29)). Minors under the age of consent are not regarded as being able to consent to having sex, outside of a few limited exceptions (eg, similarity of age, sex with one's spouse). Thus, Stallman is wrong in saying 'it is absolutely wrong to use the term “sexual assault” in an accusation' of an old man having sex with a 17 year old woman in the Virgin Islands.
patthebunny 7y ago
Oh yeah he did nothing wrong. Just flew to a private island well outside normal jurisdiction and was presented with a very young women who immediately upon meeting him wanted to have sex. That’s a totally normal situation and it’s totally acceptable for him to have participated in it. Not a problem at all. You people truly disgust me. Get a fucking grip.

by sjy 7y ago

eesmith 7y ago

There are several issues here, which you have combined into one: 1) Stallman states: "The word “assaulting” presumes that he applied force or violence, in some unspecified way, Only that they had sex. ... I’ve concluded from various examples of accusation inflation that it is absolutely wrong to use the term “sexual assault” in an accusation. However, "sexual assault" as a legal term includes many examples where there is no use of force or violence. As I pointed out as a generic example. This was to show that Stallman's definition is wrong in the general sense. 2) Is it rape in the US Virgin Islands? Yes. The law is 14 V.I.C. § 1702 - https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=dbbf4abf-3a2a-428c-9859-4d34dfc21243&nodeid=AAQACAAAG&nodepath=%2FROOT%2FAAQ%2FAAQACA%2FAAQACAAAG&level=3&haschildren=&populated=false&title=%C2%A7%E2%80%821702.+Rape+in+the+second+degree&config=014DJAA3OWU1MmYyMC1kNzRhLTQ4NDAtYTMxZS01YzJhMzBkZDA0NDMKAFBvZENhdGFsb2dSOvVciRp0EcGxvMymeAXd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A5BWH-HCC1-DXC8-01NX-00008-00&ecomp=h3t7kkk&prid=54a8a047-53c8-4a1e-8679-c5d190a3c5d6 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=... : > § 1702. Rape in the second degree > (a) Any person over 18 years of age who perpetrates under circumstances not amounting to rape in the first degree, an act of sexual intercourse or sodomy with a person who is at least 16 years but less than 18 years of age, and the perpetrator is 5 years or older than the victim, is guilty of rape in the second degree and shall be imprisoned not more than 10 years. That is, while the age of consent in Colorado is 17 (excluding child prostitution, which is until 18), it is 18 in the US V.I. Stallman doesn't like that US V.I. definition, but since his complaint is 'it is absolutely wrong to use the term “sexual assault”', his personal views don't really matter. At best he can say it's morally wrong, according to his own morals. 3) Is rape a form of sexual assault? Yes. Indeed, many states have replaced their rape laws with sexual assault laws. I cannot find where "sexual assault" is defined, for purposes of US V.I. law. It is used but not defined. In general, "sexual assault" is "any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent." - https://www.law.cornell.edu/uscode/text/34/12291#a_27 https://www.law.cornell.edu/uscode/text/34/12291#a_27 (34 U.S. Code § 12291 (29)). Minors under the age of consent are not regarded as being able to consent to having sex, outside of a few limited exceptions (eg, similarity of age, sex with one's spouse). Thus, Stallman is wrong in saying 'it is absolutely wrong to use the term “sexual assault” in an accusation' of an old man having sex with a 17 year old woman in the Virgin Islands.

patthebunny 7y ago

Oh yeah he did nothing wrong. Just flew to a private island well outside normal jurisdiction and was presented with a very young women who immediately upon meeting him wanted to have sex. That’s a totally normal situation and it’s totally acceptable for him to have participated in it. Not a problem at all. You people truly disgust me. Get a fucking grip.