Will it be called rape in US? If a boss in office induces one of his subordinates to have sex in exchange of offering a promotion and later after having sex deny to promote, will it fall under the definition of rape?
No. The conduct described would be illegal quid pro quo sexual harassment (whether or not the subordinate was promoted), for which a civil lawsuit by the subordinate for money damages would be authorized. But it is not the crime of sexual assault (a.k.a. rape). This is because the subordinate consented to have sex, and an economic inducement to have sex, or fraud inducing someone to have sex, is not sufficient to invalidate this consent. Even if someone is induced to have sex by a much more severe inducement other than by force to the victim (e.g. by a threat to expose a highly confidential secret about someone's paternity or to kill someone's pet dog), this is often the crime of extortion, rather than the crime of rape (although state law would vary with regard to whether this fact pattern constitutes rape or extortion or both). The non-performance of the deal to provide a promotion, however, would not have a civil lawsuit remedy for breach of promise or agreement because it would be a &quot;meretricious&quot; agreement that is void as against public policy because the consideration was for sex. Similarly, suppose that in a place where prostitution is illegal, if a man promises a woman to pay her $500 to have sex, and she agrees in reliance upon that promisse, and he then refuses to pay her. In this case, the agreement is unenforceable in court (because it is a &quot;meretricious&quot; agreement that is void as against public policy), and the crime of rape has not been committed. This is true even if he never intended to pay in the first place and induced her to have sex through intentional and premeditated fraud. In that case, he would be guilty of soliciting a prostitution (even though he never intended to pay her) and she would be guilty of the crime of prostitution (even though she wasn't actually paid). Of course, where prostitution is legal, no crime has been committed in that fact pattern and the woman has a right to sue the man for $500 for breach of contract or promissory estoppel, and to sue also (for any non-duplicative additional damages) for fraud, including punitive damages as well, if he never intended to pay her in the first place. The only kind of fraud that obviates consent enough to constitute rape is when the person having sex is deceived about who they are having sex with (e.g. because they are wearing a blindfold and have been put in a context where they think they are having sex with someone else). While a colorable argument could be made that the facts in the question amount to prostitution, which is illegal in almost all of the U.S., in practice, cases where the connection between the economic inducement to have sex and the sex itself are as indirect and subtle as they are in the question are never prosecuted in that manner for that offense. Prostitution cases are prosecuted, in practice, only in unambiguously clear, immediate, quid pro quo simultaneous transactional contexts between people who don't otherwise have a relationships with each other that provides context to the exchange. Prostitution is typically such a petty offense that the prosecutorial effort needed to prove a case like this, the perception that a charge of that kind would punish a victim, and the perception that it would criminalize a large swath of socially accepted &quot;gray area&quot; conduct (like having sex following a date where one person buys the other dinner), all prevent prostitution laws from being prosecuted to their full theoretical extent, at least in cases not involving children (where statutory rape charges, or violation of position of trust charges, are often available anyway).
In the United States, many jurisdictions have criminal offenses outlawing behavior that may include what you're describing here. In Ohio, for instance, disorderly conduct (R.C. 2917.11) includes "insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response." In Indiana, there's the offense of provocation (IC 35-42-2-3), which is even broader and includes "recklessly, knowingly, or intentionally [engaging] in conduct that is likely to provoke a reasonable person to commit battery." It looks like this has been interpreted to include even actions that don't directly involve the provoked person, such as kissing another man's wife. Beyond the criminal offense, there are also jurisdictions that will permit a civil suit for damages resulting from the criminal act. There are also states where this could constitute intentional interference with business relations or intentional interference with an employment contract. In any of those cases, your co-workers could be looking at damages for lost wages, loss of reputation, etc.
In the USA communication between an attorney and their client is "privileged". This makes it illegal for, amongst other things, the police to listen in to conferences between a suspect and their attorney. However in practice there is often little to prevent the police actually doing so.
It depends on the jurisdiction and particular facts. The long history of not counting marriage as prostitution under law because of its social and religious legitimacy makes the transaction-related aspects of marriage fall outside the definition of prostitution in most cases that are not the explicit sale of a person for consideration, which is obviously forbidden as slavery today and could probably also be charged as prostitution in most jurisdictions. In your particular example, the girl is also saying what things will influence how she feels, and no reasonable person would say that she gives up her ability to withhold consent after marriage based on any alleged contract. A contract to lose the ability to withhold consent would also be void as against public policy, regardless of whether prostitution is involved. Bitcoin is a form of virtual currency. It is regulated by money transmitter law and trading it to obtain goods or services that cannot legally be traded for is still illegal. It's not that there is a defined "limit." It's that some things will fit into the definition and others won't. It's about categories, not quantities.
Laws vary by state, of course. In Wisconsin, according to the 1993 case State v. Neumann: the offense of second-degree sexual assault by sexual intercourse does not require proof of intent and therefore someone who claimed to be too drunk to know what he was doing was still guilty. Although that was a case involving adults and therefore a different statute, I think the statutes are similar enough to produce a similar result in a case involving a minor. But even though intent isn't required, according to the 2007 case State v. Lackershire she's still be not guilty in Wisconsin. It flat out says that: If the defendant was raped, the act of having sexual intercourse with a child does not constitute a crime. Additionally, in your case, there was a gun to her head. Under Wisconsin law, the woman could not be guilty of statutory rape, because of this law: 939.46 Coercion. (1) A threat by a person other than the actor's coconspirator which causes the actor reasonably to believe that his or her act is the only means of preventing imminent death or great bodily harm to the actor or another and which causes him or her so to act is a defense to a prosecution for any crime based on that act, except that if the prosecution is for first-degree intentional homicide, the degree of the crime is reduced to 2nd-degree intentional homicide. The paper you link to mentions several possible defenses like coercion, and how each defense is not applicable in some states. I don't think it ever clearly establishes that there is a state where there is no defense. The example you (and the paper) give occurred in Florida. I couldn't find an applicable statute in Florida law, but that appears to be because it's in common law instead of a statute. According to the 1981 Florida case Wright v. State: Florida has recognized the common law defense of duress as a defense to crimes other than homicide so I don't think the woman would have been guilty under Florida law, either. The paper states that she was in fear for her life and that of her daughters, and it is extremely apparent in hindsight that her fear was reasonable. I imagine that if the author was able to find an actual case where a victim was prosecuted under similar circumstances (or even one where the victim clearly could have been prosecuted under the law of that state) he would have used that case as his example instead. It seems that he couldn't... and that might tell you something. He probably used this example because it was sensational, but it doesn't seem that the woman was guilty under applicable law.
Yes, and also there needs to be intent to cause alarm or distress. See section 66 Sexual Offences Act 2003: (1)A person commits an offence if— (a)he intentionally exposes his genitals, and (b)he intends that someone will see them and be caused alarm or distress. (2)A person guilty of an offence under this section is liable— (a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b)on conviction on indictment, to imprisonment for a term not exceeding 2 years. For clarity, although the above legislation uses the masculine subject pronoun &quot;he&quot;, this offence may be committed by a female also. See section 6(a) Interpretation Act 1978: [...] (a)words importing the masculine gender include the feminine; [...]
Yes. The charge in that case is solicitation of assault. Usually, solicitation of a crime carries the same punishment as the underlying crime. On the other hand, if a daughter tells her father what you did to her and he unilaterally decides to assault you, out of defense of his family's honor and outrage, the daughter has not committed a crime.
There is no public place to “file” that. When privilege is claimed and the other side challenges it then the person claiming privilege needs to establish somehow that the attorney client relationship exists and is pertinent to the question. In the normal course of things there would be an engagement agreement in the attorneys files. And not everything communicated between a client and attorney is protected by the privilege. It only covers legal advice and specifically does not cover discussions planning criminal activity.