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Not On Record
Добавлен 6 апр 2021
Not On Record Podcast is a behind the scenes conversation about what really goes on in the courtroom over a bottle of... Hosted by Diana Davison and criminal lawyer Joseph Neuberger from Neuberger & Partners LLP.
EP#140 | What is 'Power Imbalance' in Relationships?
Criminal Defence Lawyers Joseph Neuberger, and Michael Bury, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama.
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Website: www.NotOnRecordpodcast.com
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Minds: www.minds.com/notonrecord
Audio Platforms Spotify: open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753...
Просмотров: 634
Видео
EP#139 | Top 5 Things to Do When Charged with Sexual Assault
Просмотров 1,7 тыс.21 час назад
Criminal Defence Lawyer Joseph Neuberger, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw3g99 Social Med...
EP#138 | Common Sense is Back in Fashion!
Просмотров 1,1 тыс.14 дней назад
Criminal Defence Lawyer Joseph Neuberger, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw3g99 Social Med...
EP#137 | The Capacity to Consent
Просмотров 90121 день назад
Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw...
EP#136 | Why the Timing of an Allegation is So Important
Просмотров 1,5 тыс.28 дней назад
Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw...
EP#135 | Beware of the Vanishing Messages
Просмотров 1,2 тыс.Месяц назад
Criminal Defence Lawyers Joseph Neuberger and Michael Bury, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw3g99 Social Media Links Twitter: NotonRecord Instagram: notonreco...
EP#134 | The Fruit Salad of Issues: Cancel Culture, Diddy, & The Liberals
Просмотров 839Месяц назад
Criminal Defence Lawyers Joseph Neuberger and Michael Bury, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw3g99 Social Media Links Twitter: NotonRecord Instagram: notonreco...
Why Judges Are Late The Unseen Challenges
Просмотров 331Месяц назад
Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw...
Toronto's Court Crisis Why We Need Satellite Courts
Просмотров 240Месяц назад
Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw...
Exploring Global Justice Comparing Legal Systems Worldwide
Просмотров 78Месяц назад
Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw...
Misrepresentation in Media Uncovering the Truth
Просмотров 303Месяц назад
Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw...
Navigating Bail Hearings: The Zoom Revolution You Need to Know
Просмотров 114Месяц назад
Criminal Defence Lawyers Joseph Neuberger, Michael Bury, and RUclips personality, legal researcher and host of the UnTrue Crime podcast Diana Davison, sit down and discuss the aftermath of their trials and the emerging and alarming changes to our legal system. A behind the scenes inside look into real courtroom drama. Website: www.NotOnRecordpodcast.com Sign up to our email list - eepurl.com/hw...
EP#133 | Can Artificial Intelligence Replace Your Lawyer?
Просмотров 499Месяц назад
EP#133 | Can Artificial Intelligence Replace Your Lawyer?
EP#132 | The Divide-and-Conquer Playbook: Using The Jews
Просмотров 935Месяц назад
EP#132 | The Divide-and-Conquer Playbook: Using The Jews
EP#131 | Cross-examination: Dealing with Prior Inconsistent Statements
Просмотров 6632 месяца назад
EP#131 | Cross-examination: Dealing with Prior Inconsistent Statements
From Innocence to Jail; A Young Man's Story
Просмотров 4732 месяца назад
From Innocence to Jail; A Young Man's Story
EP#130 | Will the Serial Complainant Get Charged?
Просмотров 8512 месяца назад
EP#130 | Will the Serial Complainant Get Charged?
EP#129 | The "Neurobiology of Trauma" | with Memory Expert Mark Pendergrast
Просмотров 6672 месяца назад
EP#129 | The "Neurobiology of Trauma" | with Memory Expert Mark Pendergrast
EP#128 | It isn't a Movie... This is Real Life!
Просмотров 1,7 тыс.2 месяца назад
EP#128 | It isn't a Movie... This is Real Life!
EP #37 The Dirty Words of Sex Assault Trials
Просмотров 1,3 тыс.3 месяца назад
EP #37 The Dirty Words of Sex Assault Trials
Not On Record REWIND |EP#32 | The Definition of Sexual Activity Has Changed
Просмотров 1,6 тыс.3 месяца назад
Not On Record REWIND |EP#32 | The Definition of Sexual Activity Has Changed
EP#126 | The Legal War on Deepfake Revenge Porn
Просмотров 5473 месяца назад
EP#126 | The Legal War on Deepfake Revenge Porn
Not on Record Vlawg: The Italian Job
Просмотров 1913 месяца назад
Not on Record Vlawg: The Italian Job
EP#125 | Why is 'Sexual Assault' Such a Broad Definition?
Просмотров 8453 месяца назад
EP#125 | Why is 'Sexual Assault' Such a Broad Definition?
EP#123 | Coercive Control: Is it a Woman Problem?
Просмотров 1,4 тыс.4 месяца назад
EP#123 | Coercive Control: Is it a Woman Problem?
Interesting that women want to date men who by definition are stronger, earn more, are older, larger and generally more competent than themselves but also want to weaponize that to accuse those same men of exerting power imbalance on them. The cognitive dissonance is astounding. Anyways, great analyst as usual. Please advise the dude and others to stay away from girls below 18. Most women will interpret that as a predator man even though the girl might have the man wrapped around her pinky.
Ty... Use bud flower instead. Smh
How is a conditional withdraw with a peace bond a good idea? The 'claimant' already made one false accusation, why give something else for her to weaponize against the guy she falsely accused?
I can't say I am much of a watch guy, but I am not tuning out. Having a splash of humanity here and there is always a good thing :)
I thought perjury was illegal.
Love this breakdown of the nuanced power dynamic. Very enlightening.
If both were intoxicated no crime was committed if they decide to have sex, people need to grow up. And being convicted for a crime based purely on a lone person's statement is disgusting!
Over here the Police have flat out said they don't want to investigate false accusations because "they fear it would make people less likely to report real problems."
@@maxxon99 I believe that is at the nub of our issue here as well.
You have mentioned a few times about arrests showing up in background checks and causing issues with immigration etc. I assume that these records get scraped from court appearance lists, but do police notes and records get picked up as well? Perhaps more background on this would be helpful.
@chrisjeanneret5091 records still remain on place. Horrible. Will show withdrawn or dismissed but still is a problem for getting a job etc.
This isn’t just happening in Canada or the US. It’s a growing problem in the UK and Europe as well and as you mention, the law is slow to catch up. How much of this is a result of the Me2 movement or was it simmering prior to me2 gaining momentum
@@saabsonsan I think everything to do with the movement
@@josephneuberger4166 thank you to you and your team for taking the time to make these podcasts and for replying to individual messages. Keep up the good work for justice
@@saabsonsan thank you.
The title of the show should instead be why there is no justice in the justice system
It is utterly disturbing.
Thanking all our viewers for their support and comments.
Follow Not on Record on Substack. NotOnRecord.Substack.com
The United States is supposed to be a republic, but we are not. Our judiciary was the last remaining bastian of hope but has lost its integrity. It seems like at least half of our judges and prosecutors are political activists who believe the ends justify the means. They will frame, plant evidence, alter narratives, and convince vulnerable idiots to commit crimes if it pushes their agenda. We Americans no longer have any faith in the system and trust absolutely nothing. All institutions and agencies have become corrupted beyond repair. I was always a Back The Blue, believe in the law, republican. Today, I see it as a war with both parties infested with criminals. Our own government is hunting citizens who don't toe the line with their woke idealogy and world war agenda. Free speech, the pinnacle of our culture, is long gone.
Thank -you all very much I’m in the middle of custody battle He’s going for sole custody, he has filed multiple false reports. Thank you for putting this online for free
Where is John The Other these days 🤔
having had an allegation made against me concerning a fight when i was 18 & not having gotten a lawyer as soon as the nice polite policeman "invited" me to attend the station for "my side of the story" I can wholeheartedly agree with this.
Good advice. I was charged in 2021, and acquitted in 2023. Both police and prosecutors are very unethical and immoral, and prosecutors cannot be held accountable for violating professional standards or prosecution services policies. Also, if you make a Section 140 complaint, police will not take you seriously. Canada has a legal regime that invites false allegations of sexual assault.
A lot of innocent people who have never had to deal with the police for a criminal matter do answer questions in an interview though. They might even mention having exculpatory evidence. And many of them won't have a lawyer atleast a few days until after being charged. What to do in such a case?
Thank you Did you ever have a video on dealing with the Crown offering to drop 7 of the 8 charges and writing a confession on one of the charges for signature. They are calling this “resolution” sound like a new version of “organised crime” and hiding the laziness of police who charged before investigating then filled the gaps with made up stuff of their own
This is a sincere question that I can't recall hearing an answer to: If two people have sex while too intoxicated to consent, could they both be convicted?
The first one to complain wins. That's how these things tend to go.
I don't understand how the crown and someone bring a false charge can collude to destroy an innocent persons life and then walk away leaving the person like a fish out of water and nothing happens to them. Thats disturbing.
its ideology, that's how.
The police don't get praised by their superiors for spending time investigating and not getting a conviction. They have to make the figures look good and help their careers grow. More convictions make them look better among their peers, improves their job stability and career growth. They have no interest in 'truth' its all about getting above that 95% beyond all reasonable doudt conviction.
It's the "Me too" movement. It is misandry. Politicians virtual signal to women by putting innocent men in jail. We are ruled by wealthy elites.
Disclosure. I had to go to court over 30 times to get my full disclosure. I had to go to College Park almost every week before my trial. The 30 different copies of my disclosure might have a paragraph added, or removed. The crown knew I was representing myself, so I would have to take a day off work (for 11 months), to get the weekly disclosure, this of course affected my employment. So the crown was intentionally playing games with me, to get me fired from my job.
The biggest concern is that, regardless of whether I’m found Innocent or Guilty, I will be paupered by the mere defence of such a charge.
that's the point. people using the judicial system to disenfranchise and cripple men socially.
@@ardvark8699 especially as the “victim” they have the full weight and finances of the state at their disposal. There is no stake for them, it’s win .. or win more.
@Guildofarcanelore That there is the first, & one of the most egregious distortions of Due Process - granting the complainant "victim" status from day one. The word "alleged" is habitually & conspicuously omited, and that is wrong.
Correct, and they do. If your work finds out you loose your job, if your friends find out many will go away. 'Not guilty' can leave you bankrupt, without a job and friends, while the accuser just says they have been let down by the legal system.
Just awful … there are many , many people willing to go this far to hurt someone for money .
We need to bring back sec 181, the law against Speeading False News. Striking it down was not a win for free speech / democracy b/c democeacy - like rule of law - is truth-dependent (communism is lie dependent). Hun? What lies?!?!? Ohhh, global warming, Rez schools, tyranny / Nazi's / fascism are on the right, having an education means you're smart - to name a few. If you write policies and legislation based on lies you'll demolish society as is happening, as is intended by the fascistic left.
Best Criminal Defence firm in Canada.
@@untipobrillante very kind
All these videos point to the fact that women mostly lie when it comes to S.A allegations. False S.A allegations are as old as the Bible
We see in our practice a significant percentage of false allegations but there are legitimate cases. What we wish to address is false allegations are real and not a myth.
This video is short but I wonder if she was leading towards going over the topic of ‘Trauma’ next. Not to mention…. I wonder if she ever covers ‘Memory’ in regards to someone that for example had damage to their olfactory nerve in the temporal lobe of their Brain. because u resad that when cant smell (nor taste) that it actuallu affect empathy & how they store & process memaories.
This is one of the best episodes so far. Why? It highlights 3 critical issues: 1) the value of cross-examination by the defence. 2) but guess what all the sexual assault "reforms" are mostly aimed it? Cross-examination by the defence. 3) how ironic that the reforms (S276, etc) are backfiring on the so-called victims. If confronted with defence evidence, they change (“cater”) their story - then their credibility comes into question. Love it! Diana said the client was "lucky". Excellent point. So without luck he could have been imprisoned and his life ruined. Is this the best the legal system can do? The ice is so thin....
I'm so happy for this client that he was "lucky" enough to have that evidence so many years later. But it is very scary when there is no statute of limitations. There should be. In this case I can only take consolation in imagining the look on her face when she found out he kept the book. Because - fuck you you lying bitch.
Thank you. Glad it was of value.
Thank you.
She believes she is a victim and this is example of virtue signaling. Her memories have change to fit the narrative, it is called confabulation. ruclips.net/video/o5A6xzkIyzc/видео.html
This is why we need statutes of limitations. This was not fair to the accused. Even in 2003 the alleged barriers to reporting had been demolished and most cities had SA squads that operate out of what is more like a 5 star luxury hotel and spa then a police station to make 'victims' feel comfortable. So if she didn't report for 20 years, then it just is not worth it to society to take on the cost of going forward with that. The scales of obtaining justice vs the risk of unreasonable prosecutions simply don't balance in virtually all historic SA cases. So there should be a reasonable limit on how long you have to come forward with an allegation.
I agree that something of 10 years as a max to bring an allegation unless the complainant was particularly controlled and vulnerable.
Diana enjoys the drinking aspect of this weekly meeting a bit TOO much. I'm not sure she could consent to anything in this state...
pardon? We are drinking water.
We drink water as we film late in the day after long trial days. So given our exhausted state, water or tea is our choice.
... Can you please make a playlist of your analysis/ explations of law.... Eg hearsay /evidence/myths following episodes are good examples 110/111/56 (too many episodes have been deleted from podcasts and am unable to listen back to those)
Ok. Let me see how we can do this.
After writing that long comment above, I read it to ensure it made sense and have concluded that I agree with me 😊
Unfortunately it doesn't matter if you agree with you. It matters more that people get proper representation in court no matter how much it costs. I've seen the spectrum and, if this happens to you, you want to get it right the first time. Because it's your life.
@@FeminismLOL hey cool. I agree with you too!! 😊
Lol
Good job guys! One questions is - why? Are you allowed to ask why, after 19 yrs she suddenly feels compelled to come forward? Once again, the woman walks away scott free. Not only did she devestate this guys life, and his wife and kids by extension, but now the mountain of legal fees he owes, that may well affect the rest of his life, including his position to retire - or not. When are we going to start pursuing charges against women for false allegations? In his book Sex & Cultire, JD Unwin studied 86 societies going back 5,000 yrs, and every time women achieve equality, the society ends - no exceptions. (this dovetails with the Tytler Cycle btw). It's happening right in front of us as we speak. It's all over YT. Men are leaving (passport bros), they won't marry, it's a bad deal that's not worth it, particularly in light of how infantalized women have become, and easily bored, and the chance of divorce and losing everything is like a forgone conclusion. No marriage, no babies. Birthrate is continuing to plummet, as one could easily anticipate. The way to save society is to de-infantalize women. You do that by simply upholding the law, and everyone's right to equal benefit and protection. Charges for false allegations, and no more automatic sole custody - it's illegal. You can't treat ppl differently based on marital status, and unless judges are going to start bargjng into the homes of whole families, and dictating the father go live in the basement (and can only come upstairs Wed's and every 2nd weekend) then you can't do it to split families. The judges' job first and foremost is to ensure everyone's rights are upheld and when you do that, everything works out for the better. Women can only wreck society with the assistance of our courts. In short, I place the blame not on women, but on judges who were given jobs-for-life for the express purpose of ignoring societies latest "trends" without fear of losing their jobs, not as a shield to write activist decisions and get away with it. Any judge that persists in the latest trend i'd recommend fashion or home decor. It has no place in the courtroom.
A good defence lawyer would ask that on cross examination. It's a valid question and lawyers are bound by their code of ethics to advance their clients case fearlessly and to ask any relevant questions no matter how distasteful.
Again good points. Normally our ability to cross examine on the delay of disclosure is limited but the circumstances are very relevant. 19 years. I think we need a statute of limitations.
@@josephneuberger4166 agreed. At some point it's ok this allegation is too old to be of any use and it becomes nothing but he said said and memories fade etc. I am personally an SA survivor but I brought forward the allegation when it was happening so it was fresh in my memory. 19 years? Yea sorry it happened you waited too long deal with it.
what I cant figure out, is how can the Crown not see the absurdity of a case? (client claims she was kidnapped at a birthday party, with people present, no one complains) These are folks with University educations, making 100k a year on tax payer money.
It is not that they don't see how ridiculous it is. They simply give zero f's. Their job is to obtain convictions, so if there is a chance to get a conviction, they move forward. They all want to be judges, or politicians later on so they care about their own futures, not the futures of the people they are trying to imprison.
Great coverage, Joseph, Diana! One point tho troubles me. This acceptance that the complainant merely needs to appear credible for their evidence to be accepted as fact. While no-one wants to see a woman crying & distraught, and if she is genuinely in distress, one hopes The Law will do what can be done to look after her. That said, I remember a vid that Colonel Kurtz (aka Kristen Lacefield) did. One moment Kristen was describing how easy it was for some women to will themselves into an emotionally fraught state, then, she dropped her head, and, when she raised it again, her brow was deeply creased, bottom lip was all aquiver, & she was stammering something which clearly came across as heart-felt anguish, while seemingly fighting back tears. 10 seconds of that, during which time she probably had most of her audience nearly bawling in genuine empathy, KL shook her head, gave a dismissive laugh, and recommenced talking conversationally about how easy it could be for a woman to bung on a convincing performance specifically intended to deceive. Now Kristen, I think we can agree, is a particularly decent & honorable woman. That description, we'd like to think, fits most women. But.., how does a Magistrate or a Jury know if that's the case with any given complainant? Tears & a plausible story should never, surely be sufficient to convict on their own. That absolutely undermines the Presumption of Innocence to which every accused is supposed to be entitled.
I love Colonel Kurtz. That does not change that she said/he said cases will be decided on the complainant's testimony being considered as evidence. I almost wanted to capitalize EVIDENCE because people do not understand that testimony in court is actually called "giving evidence." That means you must testify or else there is only a "she said" and if she cries... she's probably going to be believed. Not fair but true.
You raise good points. The issue of demeanor is sometimes quite pivotal in a trial. I prefer judge alone because there are limits to how influenced a judge can be.
You have talked about historical cases before and this case is 19-20 years old, how does ex post facto work in Canada? There is a SCOTUS case called Calder vs. Bull that points out the four areas that ex post facto applies and one of those is you cannot reduce the amount of evidence required to get a conviction retroactively and that is what the feminist law dogs are doing, everything they can to do to make the least evidence enough for a conviction. You have complained over and over about all the new impediments placed into your way by pro feminist judges and politicians that do exactly that, reduce the amount of evidence to get a conviction. They have passed laws specifically to make convictions easier. How does ex post facto apply to these "historical" cases?
19 YEARS???
For 19 years she's been reading the TorStar and told that she is a victim of the patriarchy and men must pay one way or another.
That's Canada. No statutes of limitations. In this Country, women arguably have to worry about each man they meet until they determine if he's a threat or not. Men, have to worry about every woman they have ever met because some day she might have a bad day and decide she was victimized by you.
Yep.
Quickly get tired of the two interrupting each other, especially the woman. A logical discussion would have been nice.
I'd call that "interjecting", rather than interrupting. And overall imho Diana's interjections are on-point, and serve to clarify Joseph's narrative, rather than detract from it. I get the feeling they both really enjoy what they do.
Haha. "The woman" you clearly have no history or appreciation for the content of the video.
@@myword1000We really enjoy the banter and our work.
I suspect many who follow you have a particular question in mind (which I'm asking carefully to avoid unpopular implications): Roughly what proportion of your SA cases result in a positive outcome for your accused clients? And do you think that proportion is significantly affected by your diligence in accepting cases?
We've won every case Joseph and I have worked on together. One with a plea to a lesser charge but, no sexual assault convictions.
I'm from a eastern european country and ever since i was a teenager i remember that you wouldn't want to date the pretiest girls. Or the crazy ones. It was more of a myth, if you will, among my group of friends, that you could get reported if she feels like it. Once i got slightly older, and i learned how the justice system works, i became more idealistic (aka naive) and i believed that burden of proof rests whith the accuser. Then i got even older, i met more people, and i saw that reality doesn't care about what the law says. Fortunately i didn't get into trouble but i've met a few guys who had problems with women. And the courts will 99% of the time side with the woman. What's worse is that even if you are obviously innocent and get aquitted, the investigation practically ruins your life: the police come and interogate the people you know. Even worse is the corruption; it's been reduced in recent years, but it still lingers in the courts and the police and city halls.
I'm sorry to hear you've been through that. Yes, you are correct. Being acquitted or having charges withdrawn just makes advocates for complaints say it is a failure of the legal system. All I can tell you is that it is happening to so many innocent people that you don't have to feel alone. Don't let the bitch steal your life.
Compelling does not equal credible.
Indeed! And credible does not necessarily equal true.
@@myword1000 It is very important to understand that a complainant's testimony in court may be compelling.... until cross-examined. But remember it is compelling until properly cross-examined.
Thats not what the advocates at the womens shelter said.
True
Why Female Bullying Is So Hard to Recognize /watch?v=DL5qDFDttps
haven’t seen this video but I don’t get why you have made it. I am very angry.
Only unambiguously affirmative consent is valid consent: "Yes, please do have sex with me in such and such way." That doesn't solve every issue, I know; but it properly places the burden on the party who acts in a sexually dominant manner. If there exists ambiguity, then consent does not exist; it's a binary.
hate to say it, but if youre an acting member of a political party, any action or affilliation of yours that can affect the image/values of the party and its eligibility is something the party has a right to address within reasonable discretion. the world isnt a court room and shouldnt be navigated like one! why be part of an electoral board if your proffession obligates you to nonpolitical duty of representation that explicitly compromises the messaging of the party? its impractical.
The more i hear about what is legal or not, or what the crown states as reason for or against, makes me wonder about other cases that are not to do with SA. In one video i watched recently, it was said that you can not use prior consent as evidence, and that made me wonder how then, prior consent to day rob a place or kill a person is used to help convict someone. Why is someone saying that they will do something classed as evidence to convict a person in one case but not the other? And here, they said that the law states that you can not give prior, even through contract, consent while unconscious. But isnt that what happens in surgeries and the like? Yeah, i can here ppl say “but that doesnt involve SA”, but it does involve consent, and if it is perfectly legal to give consent for someone to do something to you, why is it suddenly illegal? In both cases you are making an informed agreement to specific things being allowed to happen. In fact, you have less rights in surgery since the doctors must make decisions that you may not agree with if given the choice.
I would say there are multiple salient differences which distinguish sexual consent from other kinds of consent, although I am not a lawyer. Medical consent is given for the purpose of saving someone from harm -- and in the case of surgery grievous harm or even death. If doctors' actions achieve that end, then it is reasonable for them to take actions which go beyond what a patient explicitly and affirmatively consented to. By contrast, violation of consent in sexual scenarios has the opposite cost/benefit framework: the person violating consent (even unintentionally) is doing so merely to engender ephemeral pleasure. Moreover, the pleasure at interest in sexual violation of consent for the violator is their own, not that pleasure of the person on whom they "operate" (to extend the surgery comparison). Perhaps we could envision a ridiculous and unrealistic scenario in which a violator unintentionally violates consent purely in order to engender pleasure for their sexual partner; but it is still the violator's duty and responsibility to accurately and precisely ascertain the status of the consent of their partner. If a violator does harm, that is their responsibility, ethically. The victim is never ethically responsible for their own harm -- no matter how much they led the violator on. Even in that unintentional partner-only-pleasure case, it is the violator's responsibility to engage in sexual relations only with partners who they can trust. If you don't trust your sexual partner, then you oughtn't have sex with them. I feel very strongly about this.