Quote: (04-08-2018 08:06 PM)Transsimian Wrote:
It seems consent via deception may be the main issue for us here
![[Image: 3dzXKd.png]](https://kek.gg/i/3dzXKd.png)
If I assume the person speaking Icelandic correctly translated the text it doesn't settle the question. It says "communicated with free will" this is the critical language. In the
Icelandic legal system does "communicated" mean nonverbal ques? or is it more limited to verbal communication? Iceland is a civil law system, and I have no idea how statutes play out in that system.
Also, how will the law be interpreted for the entire phrase "communicated with free will"? The article suggests that the defendant, as the accused, will have to provide evidence (will be burdened to prove) consent, whereas otherwise it would be prosecutors who have to prove that there was no consent.
The difference between engaging in a sexual act
without consent as being a standard and requiring consent be "communicated with free will"
before engaging in sexual activity can be a night and day difference.
The person to explain this would have to be an Icelandic speaker who also knew the law system there and could discuss what the effect of the words would be.
The closest comparison I can think of would be trials before so-called "rape shield laws" and trials without. Rape-shield laws have been used by prosecutors to attempt to deny highly exculpatory evidence.
(in chambers without the jury present)
Prosecutor: Your honor, under the so-and-so rape shield law, the fact that the victim had the jizz of 15 men in her vaginal, anal and oral cavities is shielded and forbidden from being presented to the jury.
Defense counsel: Your honor, the so called victim was at an alternative lifestyle party and wrote in her own handwriting all over her body that she would take any dick in any hole. My client happens to be black which would have upset the rich boyfriend who was going to wife her up and knew nothing of her "alternate lifestyle" she was motivated to lie to protect her interests in divorce raping him in 5 years.
Prosecutor: that all must be excluded because of rape-shield.
Court: I am going to go with the prosecutor on this one. Bailiff, please bring all the photo evidence to my chambers.