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[IN QUEUE] Gay Panic Defense Ban

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Crowheim
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Postby Crowheim » Thu Feb 18, 2021 3:37 pm

Jedinsto wrote:OOC: It still says "should" in clause 5, and another thing I noticed, you have this listed as significant strength, I would advise you change to mild.

Will do so when I submit, fixed that error. Anything else?
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Jedinsto
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Postby Jedinsto » Thu Feb 18, 2021 4:07 pm

Crowheim wrote:
Jedinsto wrote:OOC: It still says "should" in clause 5, and another thing I noticed, you have this listed as significant strength, I would advise you change to mild.

Will do so when I submit, fixed that error. Anything else?

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Imperium Anglorum
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Postby Imperium Anglorum » Thu Feb 18, 2021 4:39 pm

Reformatted with minimal textual changes.

The World Assembly,

Commending previous efforts passed in these hallowed halls which advanced the civil rights of those who do not identify as heterosexual or cisgender,

Recognizing that there is still much work to be done in the securing of equality and justice for members of the LGBTQ+ community, as the previously passed resolutions could only cover so much ground,

Noting one of the most egregious offenses against these rights which is still in existence: the Gay Panic Defense, often used by aggressors of assault and murder to justify their actions under the logic that they thought the transgender or gay victim was attempting to commit sexual assault, and

Realizing that this justification rarely if ever is actually accurate to the circumstances of an assault or murder, and that when it is, the argument is rooted in bigotry, homophobia and transphobia which should not be acceptable or present in any court of law, hereby enacts as follows:

  1. In this resolution,

    1. 'gay panic defense' means an defence in which a defendant claims they acted in a state of temporary insanity, diminished capacity, or self-defense, committing assault or murder against the victim because of what they perceived as unwanted same-sex sexual advances,

    2. 'trans panic defence' means a legal strategy in which a defendant claims they acted in a state of temporary insanity, diminished capacity, or self-defense, committing assault or murder against the victim, because of what they perceived as unwanted sexual advances from a transgender person, and

    3. 'sexual assault' means any type of sexual contact or behavior that occurs without the consent of the recipient.
  2. Gay panic and trans panic defences shall be disallowed in courts of law within all member nations unless in cases of sexual assault.

  3. Member nations are encouraged to provide compensation to the victims of Gay Panic Defense, or their families in cases where the victim is not able to receive compensation.
Last edited by Imperium Anglorum on Fri Feb 19, 2021 10:12 am, edited 3 times in total.

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Imperium Anglorum
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Postby Imperium Anglorum » Thu Feb 18, 2021 6:39 pm

Okay, having thought about this topic a bit more, I'd replace the whole draft with two clauses:

The perception, whether true or not, of a person's sex, sexual orientation, or gender identity may not be used as a defence to a criminal offence, excuse or justification of criminal conduct, or evidence for mitigating a criminal offence's severity in sentencing.

The use of force against another individual is not justified by the mere discovery, knowledge, or disclosure of that individual's sex, sexual orientation, or gender identity.

(If you want to use these clauses, please credit me as a co-author.) The topic of victim compensation seems gravely unclear to me. What is being compensated for which the victim (or heirs thereof) would have otherwise been entitled to?
Last edited by Imperium Anglorum on Thu Feb 18, 2021 7:41 pm, edited 3 times in total.

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Crowheim
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Postby Crowheim » Fri Feb 19, 2021 5:05 am

Imperium Anglorum wrote:Okay, having thought about this topic a bit more, I'd replace the whole draft with two clauses:

The perception, whether true or not, of a person's sex, sexual orientation, or gender identity may not be used as a defence to a criminal offence, excuse or justification of criminal conduct, or evidence for mitigating a criminal offence's severity in sentencing.

The use of force against another individual is not justified by the mere discovery, knowledge, or disclosure of that individual's sex, sexual orientation, or gender identity.

(If you want to use these clauses, please credit me as a co-author.) The topic of victim compensation seems gravely unclear to me. What is being compensated for which the victim (or heirs thereof) would have otherwise been entitled to?

I’m not sure I want to toss the whole thing out, but I do really like the wording that you used. Do you think it could work if I switched fully to statue form and kept the preamble-of-sorts while using this as the mandates? (Still would credit you as a co-author if this was what I did.)
Last edited by Crowheim on Fri Feb 19, 2021 5:12 am, edited 1 time in total.
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Imperium Anglorum
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Postby Imperium Anglorum » Fri Feb 19, 2021 9:37 am

For 'the whole draft' substitute 'the operative section', sure.

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Crowheim
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Postby Crowheim » Fri Feb 19, 2021 1:58 pm

Imperium Anglorum wrote:For 'the whole draft' substitute 'the operative section', sure.

Alright, thank you!

Edited it all into the OP.
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Crowheim
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Postby Crowheim » Sun Feb 21, 2021 9:00 am

Fully updated to fit critiques from offsite, true last call here as I plan to submit this tomorrow.
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Crowheim
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Postby Crowheim » Mon Feb 22, 2021 8:14 am

Currently waiting on API Key, once I obtain that and the ability to send my campaign telegram I'll submit this.
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Crowheim
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Postby Crowheim » Wed Feb 24, 2021 7:14 am

Submitted. Hoping to see lots of approvals! :p
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Postby Comfed » Wed Feb 24, 2021 7:41 am

“Full support.”
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Jedinsto
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Postby Jedinsto » Wed Feb 24, 2021 7:55 am

"Full support, ambassador."

OOC: Change the topic title to [SUBMITTED]
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Crowheim
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Postby Crowheim » Thu Feb 25, 2021 8:15 am

We are officially in queue, now just to wait a week for it to go to a vote :P
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