Is alcohol considered a date-rape drug? What if both parties were intoxicated? Background context Date rape is said to occur when one person uses drugs to incapacitate another person and then engages in sexual intercourse without their consent. It is generally understood that using pharmaceutical drugs to incapacitate someone for the purpose of sexual assault is a clear-cut case of date rape. However, what about the use of more common benign substances like alcohol? Can alcohol be considered a date-rape drug in certain situations? Question about this How does the law treat alcohol in cases of date rape? Is it treated in the same way as other pharmaceutical drugs, or is it handled differently? What happens in cases where both parties were under the influence of alcohol or drugs at the time of a sexual encounter, and the victim accuses the perpetrator of sexual assault?
canada In Canada, there are the separate offences of: sexual assault (premised on lack of consent, no matter by what means consent is lacking; R. v. G.F., 2021 SCC 20) and administering a stupefying substance. If someone were to use a &quot;substance such as everyday alcohol&quot; (I would reject the premise that this is &quot;benign&quot;) for the purpose of facilitating sexual assault, this would be an offence under s. 246 of the Criminal Code. Section 246 makes it an offence for a person, &quot;with intent to enable or assist himself or another person to commit an indictable offence&quot; to administer or cause any person to take a &quot;stupefying or overpowering drug, matter, or thing.&quot; The Court of Appeal for Ontario has accepted that the element of administering a stupefying thing could be established by oversupply of alcohol. They have said that alcohol is a &quot;stupefying substance&quot; (R. v. Vant, 2015 ONCA 481) and can support a conviction under s. 246. &quot;Date rape&quot; has no legal significance and even criminologically, misframes the circumstances in which people experience sexual assualt. Further, your premise that intimate partner sexual assault &quot;usually happens when someone uses narcotics to drug another into an unconscious state&quot; is not supported by the evidence. While this is a criminological point, rather than a legal point, it is important context for understanding such crimes. This 2005 study estimated that 4.6% of intimate partner sexual assaults were facilitated by surreptitious drug use. These two fact sheets describe the variety of circumstances, completely unrelated to incapacitation by drugs, in which people experience intimate partner sexual assault/violence: Fredericton Sexual Assault Crisis Centre Info Sheet; Centre for Research &amp; Education on Violence Against Women &amp; Children Backgrounder on Intimate Partner Sexual Violence.
If I did punch him , would that be okay? No, that would be Assault and Battery. If you did him serious injury you could face a charge of Grievous Bodily Harm. If you killed him, that would be murder. If you are in the UK, Canada or Australia and you were charged with murder you could claim provocation in an attempt to have the charge reduced to Voluntary Manslaughter. If you were in the US you could attempt to argue "extreme emotional or mental distress" if you are in a state that has adopted the Model Penal Code for any of the charges; if successful your sentence would be reduced. I saw people punch one another over this in movies. And I saw aliens invading the Earth in the movies - what happens in the movies if not necessarily true. Kissing my wife is adultery right? No, extramarital sex is adultery. Notwithstanding, adultery is not illegal in common-law countries. I'm pissed and don't know what to do? I sympathise with you but this is not a legal question. Whatever is going on between you, your wife and your neighbour is a social situation; not a legal one.
Assuming that this wasn't a planned murder or assault, the most serious charge would be vehicular homicide. In the US, this is governed by state law, but states are not radically different in whether this is a crime. In Washington, under RCW 46.61.520, vehicular homicide is a class A felony, punishable by imprisonment in a state correctional institution for a maximum term fixed by the court of not less than twenty years, or by a fine in an amount fixed by the court of not more than fifty thousand dollars, or by both such imprisonment and fine The crimes is defined as causing death while driving (a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or (b) In a reckless manner; or (c) With disregard for the safety of others. and such speeding is highly likely to be found to constitute the element of recklessness. There are also hit-and-run charges, which is a class B felony (10 years and $20,000). A person can be found guilty of both charges, and the judge can apply the prison sentences consecutively, meaning you add them up, rather than serve the jail time at the same time (in this case, essentially dispensing with the hit-and-run term). The law is written so that a killing is a crime, and if you kill two people that could be two charges (the question is whether there is a single act or two – most likely there was a single act in this particular case). There is no state where recklessly killing a person while driving is legal. First degree murder could be considered under 9A.32.030 if a person "Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person". That kind of charge was applied to the Charlottesville driver, but it is highly unlikely to be applied to even the most extreme speeding. The actual penalty imposed depends on the sentencing laws of the state. In Washington there is a complex calculation based on the severity of the crime (16 degrees – vehicular homicide is level 11), prior criminal history, whether there are multiple convictions (vehicular homicide and hit-and-run). Aggravating and mitigating circumstances can also be considered to compute the actual sentence; I don't see any way for a non-specialist to guess what the actual penalty would be in this case.
The bouncer is employed (or (sub)contracted) by the owner/lessee of premises - someone with the right to evict persons from their private property per the common law rights to exclusive use of one's property. When the bouncer evicts you, they are exercising this right on behalf of and as the agent for the owner, who could do it, but instead has assigned limited agency to the bouncer to do that for them. Entrance to (and remaining on) a property may be authorised and revoked at any time - at the time that consent is not given or is withdrawn, you become a trespasser and the police may be called upon to forcibly remove you from the premises. For example, I can have a party at my house, but if I don't like someone, I'm entitled to ask them to leave. I could also ask a friend to ask that person to leave, if I didn't want to do it myself. Note that bouncers aren't empowered to physically evict anyone except for the general right to use reasonable and proportionate force. For instance, someone that was just standing around in the nightclub probably couldn't be physically thrown out, but someone who was causing harm to themselves or others could be restrained or repelled as appropriate (and if restrained, you'd need to be very careful to do so in the course of effecting a citizen's arrest, otherwise you'd probably be committing false imprisonment). There may be statutory provisions that bestow additional rights and responsibilities upon bouncers, but this is the basic premise. I'm fairly certain that this would apply in all Australian jurisdictions; probably in all common law jurisdictions.
Your landlord has an obligation to allow "quiet enjoyment" of the premises. Essentially this means that, unless they are damaging his or her property, the tenants are entited to act as though it were their own property. Many people take drugs at home. Between the tenants and the landlord this is not something the landlord is allowed to get involved in. If you believe there is criminal activity going on, you can but are not obliged to report it to the police.
In 50/50 custody you have the right to stand your ground to ensure the safety and well being of your children. You do not need to involve police unless it is an emergency. &quot;911 Operator, what is the emergency&quot;. Only call them when you feel your children are in grave danger. For example, you know for sure that the other parent is drunk and driving, or the other parent is drunk and on the ground unable to move and the child is in danger, etc. If you involve the police over your partner excessive drinking than, and they find that she was not excessively drinking, you will face false accusation charges and her lawyer will try to make you look like the bad guy trying to take away her children. how drunk does my ex have to be for me to deny a drop-off? Is it entirely based upon outward signs or blood-alcohol level? You should not search for drugs or alcohol, or administer tests, as to avoid the accusation of an illegal search. You can, however, based on your judgment of common sense assess the situation and see how drunk (s)he is and make your decision based on that circumstances. Make a 1-page log to document the date, time, situation description (3-5 sentences of what you see and why you make that decision.) It would be wise to have a witness around, so write down the person name as well for reference, (NOT MANY PEOPLE LIKE TO BE WITNESSES, But you can write down the people names that you know were around that incident.) Don't tell your partner that you are making the log. Suprise them in the court when you have a full page of incidents due to drinking. Am I correct in assuming that in order to protect myself from being accused of denying visitation, that (in the future) I need to involve the police if I suspect her of being intoxicated? *Always protect yourself! Be Your Own Advocate. * Don't involve the police unless its am emergency, read the first comment above. If I involve the police, do I need to be sure that she is extremely intoxicated in order to avoid a &quot;false alarm&quot;? (Obviously, this scares me as I'd prefer she didn't drink at all) This drinking incident is alarming itself. However, you should consult with your family law attorney. I would say that document five issues if it exceeds 5 in one month than filing a motion with the court to adjust the drinking problem, and that you request the child to be with you 60/40 custody. You must be able to demonstrate that you have the time, commitment and resources to take over the 60/40 custody. What options do I have, if any, if she drinks around him in her own home? Is she within her legal right as long as she doesn't get in a car, doesn't pass out or does something blatantly abusive? File a motion to adjust the custody, speak with your family law attorney.
Unfortunately, the police are correct The limit on filing a civil claim (a lawsuit where you seek monetary compensation) is before you turn 40. If you were 11 in 1985 then it is too late to sue your assaulter. For criminal prosecution, the law was changed in 2016. Prior to the change, the limitation was the same as for civil cases. After the change, there is no limit but only if the offence was committed on or after 1 January 2017. Assuming that your reference to Kelly is to this guy - the alleged offences were committed in the 1990s and the prosecutions are under Illinois, Minnesota and Federal law (the Federal crimes alleged are not the sexual assault of a minor). Each state has it's own rules.
This depends on how you define drug. One possible and often attested origin of the word drug is middle low german droge waere &quot;dried wares&quot;, which targets dried herbs and spices. Making such dried herbs is generally legal (except when the plant it is made from is illegal in the first place, see making controlled substances below). The more modern use is short for &quot;pharmaceutical drug&quot; as in any kind of medicine. To be allowed to create medicine, you need a (state) license as a pharmacist and FDA approval of your drug to be allowed to make your drug, so no, you can't make it at home, you need an FDA approved process in a laboratory or plant. You might also need a license from the current patentholder. Some chemicals that can be pharmaceutical drugs also used in other ways, or on their own. As Chemicals other laws might apply: Nitroglycerin is a heart stimulant and an explosive as well as an intermediate for producing other materials. It's production and sale is regulated as an explosive. Some raw materials are regulated too due to how they can be used or what danger they pose. The colloquial term drug is shorthand for illegal/controlled substance. Because the possession and manufacturing of such substances itself usually are illegal out of very very strict bounds, manufacturing it even without intent to use or sell it at home is, of course, illegal as you breach the extremely tight bounds of the law here. The intent is not part of a possession° crime but as an aggravating factor. You'll be convicted for illegal manufacturing &amp; possession of a controlled substance under the Controlled Substance Act - or the applicable state law, maybe even both as Double Jeopardy does not apply to the same offense breaking the laws of two sovereigns (state and federal). Also, intent is not defined by what you want to do in drug law, it is defined by the amount you have - if you have more than a personal dose, it's automatically intent to distribute. Read further here There are at times exceptions that allow for pharmaceutical studies to create and/or use controlled substances in a very limited manner.