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Monthly Archives: August 2021

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2 weeks ago Legal Guides

Which Of The Following Is An Example Of Sexual Coercion? Check It Out!

Women often feel sexually coerced when it comes to dealing with their male counterparts. We are not saying that every woman in every relationship is having forced sex. We are simply stating that women sometimes fall victim to coercion even without knowing it.

That’s why it is essential to know which of the following is an example of sexual coercion? We will give you some practical instances that you may face now and then. It will be easier that way to differentiate between consent sex and coerced sex.

What Is Sexual Coercion? How Does It Differ From Sexual Assault?

Before we jump to which of the following is an example of sexual coercion, let’s define the term first. Without identifying what the phrase means, we can’t judge when we are being coerced and not. 

Let us start by saying that sexual coercion is not as easy to identify as sexual assault. You don’t always have to face physical aggression from your partner. However, if someone blackmails you emotionally and forces you to have sexual contact against your will, that’s also coercion. 

So, let’s state the most obvious fact. You will feel sexual coercion by the person with whom you have some kind of relationship. A stranger cannot sexually coerce you because they don’t know you. So, if they want to have sexual contact with you, they will have to apply physical force. In that case, it will be sexual assault according to criminal law.

But, someone who knows you will likely commit sexual coercion. In many instances, they will make you feel like it’s too late to say no or may use alcohol to lower your guards. If they have long wanted to make sexual contact with you and have been unsuccessful, they will try this.

Which Of The Following Is An Example Of Sexual Coercion?

We have already identified what sexual coercion is. We have also identified how sexual coercion is different from sexual assault. So, now it’s time to look at a few examples and judge which of the following is an example of sexual coercion.

Example 1

You are in a relationship with someone for some time now. The guy has asked you for sex many times till now. He takes you on dates, pays for your meal, gives you gifts, and claims he loves you very much. You have said no to him till now, but he says if you love him, you won’t object to it. You somehow feel obligated because he has done so many things for you and ends up agreeing to the situation.

Verdict

It is an example of sexual coercion because the guy feels you are obligated to repay him by having sex with him.

Example 2

You are drinking alcohol with your boyfriend, you are pretty drunk at the end of the session, and your boyfriend takes you back to his apartment. You may have willingly consented to stay at his apartment also. Now, he initiates sex with you. When you say no, he says it’s too late, and you have got him all worked up.

Verdict

It is an example of sexual coercion because the guy thinks he has some authority over you just because you got drunk with him.

Example 3

You work hard at your company. But, somehow, when the time comes for promotion, your name never pops up in your boss’s mind. You decide to confront him. He says that there are other things you can do to get promoted or to stay at the job. You say no to him, and he threatens to terminate you.

Verdict

It is also an example of sexual coercion because the boss threatens your employment and promises to reward you with something you already deserve in exchange for sex.

How To Respond When You Are Sexually Coerced?

If you have already figured out which of the following is an example of sexual coercion, it’s time to move past that. If you think you are having forced sex, learn to respond appropriately in that situation. Speak up, fight back, or leave the place if you can when someone is forcing them on you. 

Don’t think you will hurt the relationship, and give in to something you don’t want to do. Instead, be direct in your statement, stand firm on your position, and say ‘No.’ If someone in a powerful position tries to coerce you, leave that place as fast as possible.

You can indeed choose to leave the workplace and find a new job. But that will mean you are indulging the person in committing the same kind of sin again with someone else. It’s better to report that person to a higher authority if you can. 

What To Do If You Don’t Know Which Of The Following Is An Example Of Sexual Coercion?

Someone may try to take you on a guilt trip and use that to have sex with you. They may say that not having sex can hurt your relationship even when you said no to them. In fact, they may threaten to lie about you or spread rumors about you. They may threaten your family members or your career or threaten to reveal your sexual orientation. 

Are you unsure which of the following is an example of sexual coercion? Let us clear the air. All of these instances are instances of sexual coercion. You may not understand it if you are below 18. If you don’t have much sexual experience yet, you might not differentiate between consensual and forced sex.

In that case, you should talk to a trusted adult. Describe the entire scenario to them, and listen to their advice. You can also call 911 if you are in immediate danger. You can also talk to your HR or a friend if you are not sure what to do. Finally, if none of these options seem to be working for you, call the National Sexual Assault Hotline.  Thus, you can collect help from the experts anonymously.

How To Differentiate Between Consensual Sex and Forced Sex, When Alcohol Is Involved?

Suppose you are drinking alcohol with your partner. After some time, both of you got in the mood. He approached you, and you reciprocated the situation. 

Now, take another incident. You are drinking alcohol with your partner. After a certain amount of drinks, he tries to entice you sexually by touching you. You figure it out but hint to him that you are not interested in sex. 

Are you wondering now which of the following is an example of sexual coercion? The former is consensual sex, and the latter is forced sex.

First, it looks consensual if you don’t say ‘No’ to your partner and enjoy sex with him. You can’t blame the person in the morning that he forced you.

But in the second case, when your partner understands you are not interested, he should have stopped. Even if you had sex with him at that moment, it was coerced because the guy chose to ignore your hints. 

FAQs

Are you pondering over which of the following is an example of sexual coercion? Let us answer some of your quick questions.

1: I Did Not Want To Have Sex With My Boyfriend. But, I Ended Up Having It Under Alcoholic Intoxication. I Don’t Remember Saying No To Him Either. Was I Coerced?

Ans: If you don’t remember saying no to him, we can’t know that you were coerced. Since both of you were drunk, we can’t blame your boyfriend also for forcing you. But, we advise you to drink moderately next time so that you at least remember what happens to you. 

2: If I Am Married To Someone, Is It Mandatory For Me To Have Sex With Him When He Wants?

Ans: Not. Being married does not snatch your independent right to say ‘No’  to things you don’t want. If he makes you feel like you must have sex with him, you are being coerced.

3: My Boss Promised Me A Promotion In Exchange For Having Sex With Him. But, He Did Not Stand By His Promise When We Had It Already. Can I Complain Against Him?

Ans: Yes, you can complain against him. But you can’t put him behind bars for this crime. That’s because you are an adult, and even though you were coerced, you agreed on this thing instead of saying ‘No.’ 

Wrapping It Up

Are you still thinking about which of the following is an example of sexual coercion? If your confusion is still not apparent, we think you must take the help of a professional counselor. Maybe your situation is more complex than we described here. It may also happen that you have been having coerced sex with your boyfriend, and it just got cleared up for you. Whatever the case is, talk to someone you trust before making any other decision. If you have more queries for us, post them in the comment section below.

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3 weeks ago Legal Guides

False Light Vs. Defamation – What Is The Difference Between Defamation & False Light

Be it defamation, or false light, both of these scenarios are enough to spoil your reputation. They are, of course, legally offensive. Not only that, but they are also significant indicators of your privacy invasion. 

Both these events differ slightly in technicality. But the crime to both these events is that events are supposedly committed by unhinged people who do not heed others’ feelings. So, let’s have a look at their consequences.

What Is Defamation?

What is Defamation?

 

When you present a written, or oral communication about someone that is not true and enough to spoil their reputation, it is called defamation. Two types of defamation are there, such as slander and libel. If you want to sue someone for defamation, you cannot simply state it is false and be done with it. There are some steps to follow here.

  1. You must provide evidence that will prove the statement as false.
  2. The statement must be published by a third party.
  3. The speaker must have made a mistake to justify the false statement somehow.
  4. Someone suffers a severe injury due to the false claim of the statement
  5. The legal statement was privileged.

What Is A False Light?

The privacy tort of false light is similar to the privacy tort of defamation. If someone presents misleading information about you that leads to your misleading portrayal, that will be false light. Now, if you want to sue someone for false light, the consideration will vary from defamation. 

  1. You have to prove that the defendant published some misinformation about the plaintiff or vice versa.
  2. The statement must be highly offensive.
  3. The statement must be highly embarrassing to people with reasonable sensibilities.
  4. The speaker must have published the information without verifying its details.
  5. The speaker must have published the information with reckless disregard of others’ sensibilities. 

What Are The Differences Between Defamation, And False Light?

A defamation lawsuit will protect a person who has suffered a stigma in their reputation. On the other hand, a false light case will protect a person from unjustified embarrassment or offense. Apart from these, there are some other differences between these two phenomena as well.

The Difference In The Targeted Person

Defamation generally happens when someone publishes misleading information about another individual. However, false light occurs when someone publishes incorrect details on a large group. That’s why people regard the false light statements as a public disclosure because they generally target a business entity or other large group of people.

The Difference In The Statement’s Context

Defamation statements don’t need to be offensive or embarrassing. They simply need to be false so that the person targeted in the information suffers a reputational scandal. On the contrary, the false light statements have to be embarrassing or offensive. 

The Difference In Disregard To People’s Sensibility

In defamation, the statements are not required to be made with utter disregard to someone’s sensibility. I mean, it can be made in such a way, but that’s not the only criteria here. You are only required to follow the requirements of the person you are making the false statement against as a public figure. However, you must complete the false statement with utter disregard to someone’s sensibility in a false light of information. 

The Difference In The Position Of Truth

Truth changes the defamation claim completely. However, the fact impacts the false light claims in a different way. You may not use the defendant’s true statement to save the plaintiff if it causes some false implications. Moreover, if the defendant’s claim proves the false light claim as accurate, it will act as evidence. 

Let’s Look At Some Examples Of Defamation And False Light

In a significant context, when you post wrong information about someone, that is defamation. For example, it is defamation if you publish a false statement about a person on a social networking site. Likewise, if you happen to send an email about a person to someone else containing incorrect information, that is also defamation. 

But, false light claims happen when someone misrepresents your ideas or your beliefs. They don’t need to tarnish your reputation per se, but rather your ideals which is more offensive in a way. For example, if a news article about sex offenders includes your smiling picture, it will prove that you are happily endorsing this criminal conduct. Likewise, if an employee posts a false statement about a company going bankrupt on Facebook, that will also be false light.

Also Read: is it legal to record a conversation in ny? Find it out!

How To Avoid False Light Claims?

This column is going to interest you if you are a journalist. As a journalist, we often have to bring trending news to people’s attention. But, sometimes, we must think about all the consequences if we don’t want to get any false light lawsuit on our companies.

Always remember people can sue you for the false claims that arise on the margin of stories rather than their core. So, in a way false light lawsuit is far more dangerous than a defamation lawsuit. You must check all your facts before you publish the news. It may happen that a statement that seems harmless to you is hampering one of your readers. If you have relevant evidence to support your claim, document that in the news as well.

Frequently Asked Questions [FAQs]

As we have differentiated between defamation and false light, we think some questions are still left unanswered. So, let’s look at those now.

1: Does A Defamation Statement, And A False Light Statement Have Nothing In Common?

Ans: Of course, they have some features in common. In both cases, the statements have to be false. Both the comments have to be addressed to a third party. Moreover, both the accounts have to hamper someone in a way.

2: Does The Defendant Stay At A More Advantageous Position In Defamation Than False Light?

Ans: Yes, the defendant stays in a more advantageous position in defamation than in false light. Since a false light claim targets a large group of people and some facts may be true, it is more complex. But, in defamation, the claims are indeed false, so the defendant stays more secure.

3: Can You Sue Someone For Slander Defamation?

Ans: No, you cannot sue someone for lander defamation. But you can sue that person for libel defamation indeed. It is not so much a crime like a false light, but it is more like a tort. 

The Bottom Line

If you have read this far, I am sure I have interested you in some vital information. Usually, people confuse defamation and false light a lot, so I thought it’s time to shed light on this matter. Now, we have indeed clarified that both of these phenomena contain false statements; their implications differ. So, if you want to avoid the false claim lawsuit, follow the suggestions that we mentioned earlier. If you have other questions regarding the post, comment them down below.

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1 month ago Legal Guides

Is It legal To Record A Conversation In NY? Find It Out!

We often put ourselves in difficult situations where we need severe legal assistance. Therefore, we wish to record some conversation so that it saves us from the upcoming trouble. Now, is it illegal to record someone or not? We don’t know that.

The laws of recording a conversation differ primarily from one country to another or from one state to another. So, is it legal to record a conversation in NY-let’s find out. 

Is It Legal To Record A Conversation In NY? It’s Time To Talk About The Laws.

In the U.S., different states have different laws regarding the recording of a conversation. The rules further differ regarding the conversation, telephonic conversation, or other forms of communication. If the federal law protects anybody’s privacy, then the person recording a discussion will be strictly governed by its rules. 

The Federal Wiretap Act states that under any circumstance, it is illegal to record a conversation. If two people want to keep their communication private, it is well within their rights. However, there are exceptions to this law also. If one of the people involved in the conversation is recording it, or if one of the people is legally authorized to do so, then it is not illegal anymore. 

So, is it legal to record a conversation in NY? It looks like it is. The One Party Consent Law in New York makes it legal to record the conversation if one of the parties agrees to it.

What Are The NY Rules About Recording Court Hearings, And Public Meetings?

The One Party Consent Law makes it legal in NY to record a conversation if one party approves it. But, what about recording the public meetings or the court hearings? If one party agrees to the record, is it legal to record conversations even on official occasions? New York Trial Courts do not allow any recording devices within the courtroom. 

The Federal Appellate Courts permit specific recordings of conversation under exceptional circumstances. But, it does not allow to record any criminal matter. However, if the clerk is notified about the recording needs before the conversation, it may get allowed. 

In terms of the public meetings, the NY Government allows people to record the conversation without obstructing anybody. Now, don’t think that there cannot be any restrictions must because the recording is permitted. But, one thing that is clear so far is that there are several answers available to the ‘is it legal to record a conversation in NY’ question.

What Are Some Exceptions To The NY Conversation Recording Laws?

According to the Wiretap Law, it is illegal to record a conversation between two people. However, there are certain exceptions. If the conversation is happening in a public location instead of a private one, the law cannot punish recording. If the recorded individual did not treat the subject matter personally, the recording remains valid. For example, if you brag about cheating your partner in a party, and your conversation is being recorded, you cannot file a lawsuit against it. 

So, is it legal to record a conversation in NY? It looks like even though it needs one of the parties’ approval, there are plenty of loopholes here. If one of the parties gives an implicit indication about the recording, it becomes legal. For example, if you are talking to someone on the suicide helpline, the person you are talking to is very much obligated to record it. They don’t even have to let you know about the recording because that is their duty.

What Are The Penalties Of The Law Violation?

Although it is legal to record a conversation in NY when one party approves it, it is not lawful for all the U.S. states. Washington, Massachusetts, New Hampshire, Connecticut, Pennsylvania, Illinois, Florida, Maryland, Nevada, California, Montana, and Michigan are the 12 states where you need the consent of 2 people to record a conversation. So now, if anyone violates the law and records the conversation, they will face penalties.

1: Criminal Penalty

If you breach the Federal Wiretap Law, you will face criminal penalty charges under Section 2511 of Title 18. They will get a sentence of 5 years in prison and get a $500 penalty for this crime. But, the criminal penalty charges are not the same in all these 12 states. For example, if someone violates the federal law in California, he will face one year in prison with a $2500 penalty. That is the law according to California Penal Code Section 631. 

2: Civil Penalty

Even if someone does not face the criminal penalty in the eyes of the law, they can always be subjugated under the civil penalty charges. For example, if you record a conversation with someone who resides in one of the 12 states, you will face the civil penalty.

The recorded person may file a lawsuit against you and can even threaten to sue you. Therefore, if wiretapping is not legal in these states, you must not do it until and unless everyone agrees to it. In such cases, the penalty charges depend on the person who filed the lawsuit in the first place. 

Frequently Asked Question (FAQs)

We hope you have found appropriate answers to the is legal to record a conversation in NY question by now. However, you may have some other questions in mind too. So let’s focus on those now.

1: Can My Attorney Record My Conversation, Or Vice Versa?

Ans:  If anyone of you resides in NY, you can record the conversation. However, if your attorney records you, he may have to seek your permission before presenting the recording as evidence. Otherwise, it will violate the attorney-client privilege clause. 

2: If I Stay In NY, And Want To Record A Conversation In Washington, Can I Do That?

Ans:  It will be a bad idea to record a conversation with someone who does not stay in NY. If that person wants to file a lawsuit against you, they can do that. So, it will be better to seek the consent of both these parties in such circumstances.

3: Is It Illegal To Record Someone In Public In NY?

Ans:  No, it is not illegal to record someone in public in NY. But, you cannot consider that evidence as admissible in court if none of the parties were aware of the recording. 

Conclusion

Is it legal to record a conversation in NY? Yes, it is provided one party agrees to the recording. Thus, it looks like the NY State Law is flexible to some extent when presenting solid evidence in court. However, if you are not aware of the different state and federal laws, don’t apply the NY law everywhere. It may get you in trouble. If you have any further queries, post them in the comment box below.

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What Are The Key Differences Between Criminal Law And Civil Law?

Almost in all countries, you will find laws that save the country’s people from dangerous situations. There are many laws, but today, we will talk about criminal law, a civil statute. Both directions stand beside the country people if any circumstances come in their life.

If you choose a lawyer, the attorney will place your case in court, and you will get justice.

But sometimes, using the law, people commit crimes. Else, they are never caught by the police.  So, civil laws and criminal laws are most important to make a crimeless society within all the rules.

More than 60% of countries have civil laws that control societal facts. And in almost all countries, you will have criminal laws. This is because the government created criminal laws to make the world free from crimes.

What Are Civil Laws?

What Are Civil Laws?

Civil law is also known as the Romano-Germanic legal system. There is a history behind the judicial system. This kind of law was first used in Roman and German, so the name comes from the origin. This law has been made in the countries to always stay according to the law and create peace. After the civil war, the law was first made. It is significant for all.

Civil law indicates a person’s relationship, behavior, technicality, etc., except the criminal activities, and it covers almost the whole area that people can have in their lives. There are some motives behind the law, and if you go through the civil definition, you will get it.

  • Civil law makes the lives of all citizens clear and straightforward. No one will show a destructive tendency to others.
  • The society will be well organized, and there will not be toxication within people. People will stay with others and will have a helpful mind towards others.
  • Depending on the country, there will be some civil codes that all people will follow. In the law, the government tells its citizens that they will never be involved in crimes.
  • People will try to do well in their lives, and they will dedicate their goods to society. The primary legislative system will be in the center, and all will stay according to the rules.

So, these are the civilians that want the country members to stay quiet and gentle in life.

Read Also: How To Find A Personal Injury Lawyer In 7 Steps

What Are Criminal Laws?

What Are Criminal Laws?

Criminal law is the central portion of the law that you can see in all the countries. The motive of creating these laws is to punish the person who gets involved with illegal activity. Also, these laws give the victim justice who got affected through the unusual activity. There is another side that criminal laws also make people aware of staying away from committing crimes.

As civil laws, it also helps to construct the society by reducing the wrong activists. If you see a person committed a crime, you can punish the person through the country’s laws. Sometimes, they also provide the criminal a chance to live a life as an honest person. Of course, society will always want its members to stay with positivity. But every time, some people do offense, and the police take them to court.

Like the civil laws, it is also trying to reform the society where no criminals will live. If a person steals money, it is a crime, and on the other hand, if a person murders a person, this is also a crime. Though killing a person is an enormous crime. Sometimes people shoot the person if it is a great crime. The laws mention this punishment in specific cases.

  • Like civil laws, criminal laws also create a new society that does not have any negativity.
  • Criminal laws also provide justice to the victim who had no fault. It is the justification that is always mentioned in the statutes.

Read Also: A Comprehensive Guide To Personal Injury Lawsuits In 2021

The Key Differences Between Civil Law And Criminal Law

Differences Between Civil Law And Criminal Law

These laws are different from each other. For example, civil law is simple and criminal law is more complex because, in a country, there always have criminals. Now, see what are the differences there within the regulations.

  1. Civil law is simple, and generally, not a vast number of people across the boundaries. But criminal law is more complex, and there are several parts. For example, a person is stealing money from someone and another person is killing a person. Both are crimes, but there will be different punishments.
  2. The civil lawsuit always gives punishment to the accuser, but this will not be hard. It can be insulting but not life-taking. But in the case of criminal law, it can be life-taking. This is because a person creates a significant blunder intentionally, and it must get strict punishments.
  3. In civil cases, the victim will not get affected. But in criminal law, the victim can be demolished and even can be physically affected. That is why criminal law is more challenging and strict.
  4. Some civil lawyers help ordinary people and fetch them to court. A civil lawyer can be as well as a criminal lawyer. A civil lawyer can handle criminal cases. But criminal lawyers usually do not go with civil matters.

The Last Words

So, these are the minor differences between the two effective laws. If you are interested to know more laws that are protecting the country’s people, read more articles. But within all of the laws, civil law and criminal law is most important.

If you are a victim of any kind of social injustice, please hire a civil lawyer and stay active with the laws. On the other hand, if a criminal hurts you, then also hire a criminal attorney to get justice.

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