Another Possible Version Focussing On Sexual OffencesPoints to address: What are the allowed civilian responses to acts of police crime, brutality, or other abuses of authority? (for example - drunk driving, accepting bribes, using violence against peaceful protestors, etc.) What to do in no-witness situations where it is a matter of a civilian's testmony vs. that of a police officer? Sexual OffencesCommentary In general the current law/ its administration seems to have major flaws in this area. I identify these as the rights of the perpetrator superseding the rights of the victim, poor treatment of victims in court, poor punishment of convicted perpetrators, lack of facility to deal with child sexual offenders and more. I think its time we acted realistically to stop sexual offence in any way we can think of. I recognise the imperfection of these measures and that they are open to abuse but I think the negative possiblities of these suggestions are far outweighed by the current social ills we suffer: my suggestions are the lesser of two evils and may have great prophylactic benefits. Section One: Surveillance I) It is permissible to have recording equipment of any sort in place to record your sexual activity provided you alert your sexual partner to your practise of 'recording sexual encounters only for your safety'. Recordings produced of sexual encounters may only be preserved and rewatched with consent of both parties and in the event that a charge relating to a sexual offence is brought. Otherwise such recordings must be destroyed within a month or until the relationship ends. Longer retention, reproduction or any distribution of such recordings is an offence. Using such recordings for any purpose not relating to a charge of sexual offending is an offence. People who engage in fantasy acts relating to non-consensual sex are advised to sign disclaimers to record consent so as to prevent abuse of this section.
II) In the event of a home invasion where such recording equipment is in place and the offence is recorded the perpetrator is considered to have waived their right to consent of being filmed and the film or recording so produced is admissible as evidence.
III) In the event that a person has been covertly drugged for the purposes of procuring sex with them and the offence is recorded the perpetrator is considered to have waived their right to consent of being filmed and the film or recording so produced is admissible as evidence.
IV) In the event that a violent sexual attack is captured on a recording device the recording so captured is admissible as evidence as long as it has not been tampered with and the perpetrator is considered to have waived their right to consent to being filmed regardless of age.
Explanatory Notes Regarding surveillance (I) I believe that the simple act of telling potential partners that you are in the practice of recording your sexual encounters may prevent many rapes. My cellphone, for instance, can record conversations; its not as static and inflexible a tool as it sounds. Research I have read suggests that many sexual offenders are opportunistic and that a major deterrent is the likelihood of being caught. If they have to think twice about the possible presence of a recording device, if there are a few cases publicised of offenders being caught as a result of this, many may pause. Another advantage of this section is that it gives people initiating sexual contact a means of establishing that it was consensual. I realise that some people will feel that this reduces us all to potential victims and perpetrators living in a surveillance society. But use of surveillance is not compulsory - it is simply one option - and one possible tool to catch, prevent and deter sexual offenders. Harsh treatment of anyone abusing this option should deter people from inappropriately taking advantage of this clause.
Section Two: Under Age Sexual Offenders I) Children who commit sexual offences will be tried using the same processes as adults and detained, if found guilty, in either specialised foster care or preventative detention centres for troubled youth. They may be removed from the care of their family with visitation rights to be negotiated by consultation with all parties. In their interactions with other children they will be supervised until it can reasonably be determined that they are extremely unlikely to sexually offend again. At that point children who have sexually offended may be reintegrated into schools and choose between being fostered or returning to their families.
Explanatory Notes I hear from many teachers that a few children who are abused at home are abusing their school fellows sexually in turn. The teachers who have described this to me feel powerless to effect change and protect victims. We cannot pretend that this is on the same level of harm to the victim as pulled pigtails and let it continue. The child who is sexually offending needs to be removed from the home environment in which they are learning such behaviour for their protection, and removed from a position of being able to offend themselves for the protection of other children.
Section Three: Use of Drugs and Sexual Offences I) If it can be proven that you have administered any mind altering drug to a person without their knowledge and consent you will be charged with attempting to commit a sexual offence.
Section Four: Disclosure of Prior Offences I) People who have been convicted of sexual acts relating to minors, or the possession of sexual material relating to children, must tell all sexual partners of that conviction.
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