Hierarchy of Transgression: Differentiating Sexual Violence, Sexual Assault and Rape

law

lawMany people use the terms sexual violence, sexual assault and rape interchangeably. In the criminal law parlance, there is a distinction among the three terms.

Nevertheless, the rationale behind these three concepts is the same: they are all an offence. They inflict physical and mental damage on an individual, which usually requires the help of a personal injury law firm, such as SeparovicLawyers.com.  The only difference is where they stand in the hierarchy of transgressions.

Sexual Violence

Sexual violence can be considered a blanket term for all sex crimes. The World Health Organisation (WHO) defines sexual violence as ‘any sexual act or attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.’ It should be noted that coercion encompasses physical force, psychological intimidation, blackmail, and threats.

Sexual Assault

In Australia, ‘sexual assault’ is not a legal term. But in this context, it is a form of sexual violence. The government defines it as ‘a range of unwanted sexual behaviours, such as comments, touching, fondling, fingering or masturbation to oral, anal, or vaginal sex.’

Rape

Essentially, rape falls under a sexual assault. Under the Australian law, rape is also known as the penetrative sexual offence.  It is an offence where the perpetrator penetrates the genitalia (including surgically constructed genitalia in some jurisdictions) or anus using the penis, an object, or any body part of another person. The lack of consent makes the sexual intercourse a crime. Consent, on the other hand, should be voluntary and free. It is not given voluntarily if the person is coerced, threatened, intoxicated or asleep, or the person does not understand the nature of the activity.

Sex crimes are one of the worst crimes a person can commit against another person. This offence goes beyond inflicting physical harm; it is also about exercising control and power over a person. It should be noted that each state in Australia might have different provisions and sanctions regarding these.

When Ending a Marriage on Grounds of Impotence

Ending a Marriage

Annulment in UtahSex is an integral part of marriage. Passion, along with other factors, ignites relationships and fuels the fire throughout the marriage. But, if this element gets lost along the way, it can be a reason for a spouse to file for legal separation. Annulment might be well on its way when couples completely lose intimacy.

For example, a majority of Salt Lake City separation attorneys would tell you that getting an annulment in Utah is difficult. For one, you need to prove a legal ground, such as impotence, to begin the annulment process. Most of the time, people thought impotence applies only to husbands who can’t maintain an erection; thus, failing to engage in sexual intercourse. On the contrary, impotence may also refer to the inability of wives to have sexual relations with their husbands due to physical or psychological medical conditions. It isn’t impotence if a woman is infertile or she intentionally refuses to have any sexual contact.

Need for a Medical Proof

Unlike in divorce cases, impotence is only a valid ground for annulment if your spouse was already impotent before the marriage. The condition, by all means, should be permanent and incurable. You, however, have the responsibility of proving that your spouse’s impotence cannot be treated.

When you file for annulment on grounds of impotence, you should provide indubitable medical records as evidence of your claims. Your spouse can technically refuse to participate or submit to a medical examination, which would make your testimony insufficient to the court. Nonetheless, you can legally compel your spouse to undergo the process and submit to a physical test.

Still a Valid Reason

In case a medical exam proves that your spouse is not impotent, the annulment process may still proceed, given that he or she persistently refused to engage in sexual intercourse with you, which is equivalent to psychological incapacity.

Annulment is undoubtedly a difficult situation to get into. But, with the help of experienced family law attorneys, you can make better decisions if you believe you are entitled to one.

3 Legal Ways to Adopt a Baby

baby brothers

baby brothersAdopting a baby is a great way for couples who wish to expand their family or finally raise a child as their own. There are many options available nowadays. You just need to read about them to know which type of adoption method best suits your needs, with each having attendant financial and emotional risks that you must prepare for.

Here are some ways to adopt a child and things to know about the process.

Working with an Adoption Agency

 
You can work with an adoption agency to have the chance to adopt a healthy infant born domestically. Their baby placement assistance includes creating and enlisting your parent profile as soon as you meet all of their criteria. Birth mothers will then choose from a list of people who want to adopt based on their preferences. The birth parent usually meet the adoptive parents before giving the baby away.

Pursuing Independent Adoption

 
You may also hire a lawyer to adopt a child independently. You and your lawyer can work together to find birth mothers who wish to put their baby up for adoption. The lawyer will assure that all steps of the adoption process is legal. Independent adoption is best for couples who want control over the whole process. Just make sure to hire the best lawyer to work with.

Foster Care System

 
Foster care children are usually those who have been neglected by their biological parents. They can be one year old or well into their teenage years. Foster care agencies will give you a list of the children up for adoption which includes their profiles and pictures. Some have illnesses, special needs, or disabilities that may cause them to wait for years. Some are actually siblings who wish to be accepted together.

All of these are legal and feasible ways to adopt a baby. Think of it thoroughly before making a decision to make the adoption process easier for you.

Seriousness of an Offence: Summary vs. Indictable

Legal

LegalIn Hong Kong criminal law, the court may consider an offence summary or indictable. The common distinction between the two lies in the seriousness or weight of the crime. The main difference, however, is the mode of trial between the two offences.

Summary offences are less serious crimes, while indictable offences are serious crimes. Hong Kong criminal lawyers share more about these two types of offences.

Summary Offences

These offences are tried in the Magistrates’ Courts, but may also be applicable in the District Court along with indictable offences. This can happen if the court also charged the accused person with an indictable offence. Common examples of summary offences include careless driving, littering and pretending to be a police officer.

The prosecution limit for a summary offence is within six months of the commission to the offence. For it to be considered summary offence, the legislation creating the offence must indicate that it can be dealt with summarily. If it does not, it is considered an indictable defence.

Indictable Offences

If the offence is upon indictment or on indictment, it is indictable. Most offences like these can be tried in the Magistrates’ Court, the District Court or in the Court of First Instance of the High Court. The location or venue of the trial relies on the prosecution. They will normally consider and evaluate the complexity of the case and likely imposed sentence on the offender upon conviction.

If the likely sentence is two years imprisonment, the Magistrates’ Court can handle it. If it is four years, however, the prosecution will choose the District Courts, as it can impose a maximum imprisonment of seven years. The choice will always depend on the sentencing power of the court.

Serious offences like drug trafficking or shooting another person, however, cannot be tried in the Magistrates’ Court. More serious offences like murder or manslaughter are set out in Magistrates Ordinance Schedule 2, with the Court of First Instance of Power (with jury) handling the trial.

Paralegal Exposure to Actual Court Processes

Legal

Paralegal ExposureA skilled and highly efficient paralegal is expected to play various roles within the legal field. In a single firm, a paralegal acts as the right hand of esteemed lawyers and equally experienced practitioners. The task of the best paralegal schools in the country, then, is to make sure that they can produce graduates of such skill that lawyers’ tasks are made easier.

Here are the training of these legal assistants, researchers and paralegals before they are admitted to the profession.

Apprenticeship and Training

Paralegal aspirants must undergo training in both the academic and the professional level. Inside the school setting, paralegals analyze cases and build a familiarity of legal terms that will be used in the field.

In their apprenticeship and training, they witness actual litigation, case-building and court process first-hand – all of which are essential knowledge required in the practice of the profession. It is essential for a hopeful to enroll in paralegal schools that can provide such a high skill level of exposure.

Proper Tutelage

A good paralegal school will provide high quality education and guidance through its roster of faculty members and instructors. The legal profession, much like the philosophical discipline of old, thrives under proper tutelage and apprenticeship.

It is essential that in training, a candidate receives adequate guidance in building his knowledge and experience in the legal profession. This is why, as a paralegal student, you must expect training administered by professionals who have been honed by experience in the field.

Still, online paralegal courses, some of them free, can guide paralegal applicants, which are the distilled, 21st century version of the experience of those that came before.

Paralegals, Redefined

Paralegals, in the evolution of transnational and global legal perspective, play an even more definitive role. They are expected to create a specialization in certain fields. After one’s formal education and training, it is expected of a paralegal to further hone their skills and chosen specialization.

The key to a fruitful paralegal career is proper education and training. And to achieve that, choosing the best school is one of the most important decisions in your life.

Unhappy in Marriage But Lacking the Courage to Divorce

Unhappy Marriage in Colorado

Unhappy Marriage in  ColoradoOne reason couples choose to stay together in a bad marriage is that they don’t have the courage to end their commitment. Even though they felt trapped in a relationship, they would not pursue divorce unless they could guarantee financial stability.

The reality is, marriage, when it’s going okay, benefits the whole family. When it is not, however, it can be terrible for both parties, even more so if children are involved.  While divorce should be the last course of action for a couple, the idea of staying together despite being miserable should not be tolerated. This is because divorce can be a liberating experience and can make children happier if their parents are happy too.

Putting Off Divorce

Apart from financial concerns, couples also put off divorce because they are hoping that things will improve. Colorado Springs divorce lawyers say some people do not entertain the idea of splitting up because they are scared to be on their own and worried about feeling lonely.

Physical and Emotional Effects

An unhappy marriage, however, can be detrimental to physical and emotional health. According to WebMD, it may raise stress levels and increase the risk of depression or heart disease. Studies say couples that usually argue may also take longer to heal from simple wounds than those in less hostile relationships.

Accepting It’s Over

When life becomes too painful with too many conflicts and scars, it is normal to entertain the idea of divorce. When people harbor deep and long-lasting fear, it could be time to let go. Even without anger, couples may start to lose respect for their relationship and their spouse. If couples feel it is impossible to bring that respect back, this might signal the end of a relationship too.

While divorce is never easy, it may be necessary to regain a sense of freedom. Keep in mind that it is perfectly fine to end a marriage, especially if it’s making a person unhappy and unfulfilled. Consulting a divorce attorney will help them go through the process of addressing issues associated with their relationship.

Dear Men: Are You Really Aborting Your Baby?

Abortion

AbortionWomen take the center stage whenever unplanned pregnancies and abortion become the topic of discussion. While you cannot begrudge her for getting all the sympathy and attention, this doesn’t reduce or eliminate the validity of your thoughts and emotions about the situation.

Aborting Silence

The guilt that only she has to undergo the physical consequence of pregnancy suffices to keep most men quiet about the issue. Evading all chances of giving your honest opinion, however, might backfire in case you feel uncertain about your decisions. As the biological father of the unborn child, you can practice your right to the child without offending her.

Couples like to maintain a certain level of secrecy, especially if abortion enters the picture. The lack of advice — in addition to the panic and frustration that came with the news of pregnancy — makes it even more crucial for you to speak up and play an active role in deciding the child’s future.

HeartToHeartAdopt.com suggests asking the following question: Will you put your baby up for adoption or cut off his chances of life as soon as possible?

Aborting Hazards

Your decision to proceed with the abortion or not will affect her either positively or negatively. Research revealed that among young women who terminated their pregnancies, many suffered from psychological stress. Abortion also put them at risk of physical complications.

Ask yourself if you can bear the thought of allowing her to go through those hazards. If you consider the alternatives to abortion, you’ll realize that it doesn’t even count as a solution. Society’s opinion hardly matters compared to the life of your partner and your unborn child.

Aborting Abortion

Convincing her of disregarding abortion involves a lot of persuasion and effort on your part. You might be surprised at the variety of alternatives and the degree of support adoption agencies and similar organizations will give you. They’ll make it easier to cope with the reaction of your family and friends to your decision to give the baby a chance.

Just because a lot of couples have resorted to it doesn’t mean you have to. You have as much say on the baby’s future as your partner does. The key to coming to mutual agreement depends on your effort to balance her each other’s rights.

The Psychological Effects of Bed Bug Infestation

Bed bugs biteBed bugs are flat insects that lurk in dark corners, furniture and most commonly, in beds. These wait for the opportune moment before they prey on an unsuspecting victim. They leave their marks on you when you wake up and feel itchy all over.

These flat bugs hide in the seams of mattresses, bed frames, headboards and spaces underneath baseboards. Bed bugs do not only infest unsanitary homes, they also beset swanky five-star hotels.

Bed bugs are persistent pests. The causes of their infestation vary, but leaving them alone may have a psychological toll on a person.

Who Would’ve Thought Bed Bugs Caused Sleep Disturbance and Anxiety?

Bed bugs trigger an anxious feeling in a person as they leave marks on you, but are seemingly invisible the moment you awake. This anxiety may have a psychological basis, as recent research discovered.

Stephane Perron, a researcher and doctor at the University of Montreal, performed several published studies on the psychological toll inflicted by bed bug infestations. His team conducted a study that researched apartments deemed with unsafe conditions. Some of the units had bed bug infestations and others did not. They gave tenants a series of questions that determine health and mental impacts.

The study revealed that tenants with bed bug infestations were more likely to report sleep disturbances and anxiety compared to those without bugs.

Another study, researchers sent questionnaires to different cities, 474 returned. In the questionnaire, they asked individuals to illustrate their reactions to the bites left by bed bugs. Other than the obvious physical reaction, 29% said they dealt with insomnia, 22% suffered from emotional distress and 20% had anxiety.

Park City experts say bed bug control is the first step to eradicating these pests, but people must be aware of the lasting psychological effects. The studies illustrated are a cause for concern, but the researchers didn’t know the mental state of participants before infestation.

People with prior mental disorders are vulnerable to developing a pathological fear of bed bugs, delusions, parasitosis, paranoia and other similar psychological problems. The studies hopefully bridge an understanding of the link between infestation with sleep disturbance and anxiety.