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[Withdrawn] Outlaw Rape

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Charlotte Ryberg
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[Withdrawn] Outlaw Rape

Postby Charlotte Ryberg » Sat Jun 19, 2010 7:06 am

Just something I had in mind which would be worth investigating. Currently it's a very rough draft:

Outlaw Rape
Category: Moral Decency | Strength: Mild



CONCERNED by the effects of rape on rape victims, such as trauma, anxiety and depression;

NOTING that the young and the vulnerable is most at risk from rape crimes, but nevertheless accepting that there is no age barrier;

SEEKING to outlaw rape in all member states;

Hereby:

Defines (for the purpose of this resolution):
• "Rape" as any form non-consensual sexual intercourse; (Including gang rape, date rape, spousal rape, war rape, prison rape, college campus rape and so on)
• "Statutory Rape" as a sexual activity involving a participant who is below the age of consent (as defined by each member state) or without mental capacity, and thereby legally incapable of consenting to any sexual intercourse, and that sexual activity is not consensual even if a person below the age of consent willingly engaged in any sexual intercourse.

DECLARES that member states shall consider statutory rape to be a prosecutable offence;

REQUIRES member states to investigate all reports of suspected rape;

REQUIRES member states to prosecute persons proven beyond doubt to have committed rape to the fullest extent possible within their jurisdiction;

MANDATES that member states will commit to provide satisfactory support and counselling for victims of rape;

CALLING FOR member states to protect innocent persons from false accusations of rape until such accusations are proven.

CONCERNED by the effects of rape on rape victims, such as trauma, anxiety and depression;

NOTING that the young and the vulnerable is most at risk from rape crimes, but nevertheless accepting that there is no age barrier;

SEEKING to outlaw rape in all member states;

Hereby:

DEFINES Rape as an assault by a person by having sexual intercourse with another person without that person's consent;

OUTLAWS rape in all member states;

REQUIRES member states to prosecute rapists to the fullest extent possible within their jurisdiction;

CALLS FOR member states to provide counselling and support to victims of rape;

ALSO CALLING FOR member states to protect innocent persons from false accusations of rape until such accusations are proven.
Last edited by Charlotte Ryberg on Tue Jun 22, 2010 8:12 pm, edited 5 times in total.

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Satirius
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Postby Satirius » Sat Jun 19, 2010 7:12 am

Last line suggests something more is to come
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Postby Bears Armed » Sat Jun 19, 2010 7:20 am

Charlotte Ryberg wrote:OUTLAWS rape in all member states;

REQUIRES member states to prosecute rapists to the fullest extent possible within their jurisdiction;

Does this actually say anything beyond "Keep on doing whatever you're already doing about this?
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Quelesh
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Postby Quelesh » Sat Jun 19, 2010 7:25 am

OOC: Seeing the title of the proposal made me think about Jesse James and Billy the Kid being raped. :lol2:

IC: The phrase "sexual intercourse" seems too limiting. One could commit rape with an object, or fingers or another body part other than a penis, and since that's generally not considered "sexual intercourse" it would fall outside the auspices of this proposal. It also excludes sexual assault that does not involve penetration.

In fact, some nations may define "sexual intercourse" as "penile-vaginal intercourse," meaning that anal rape (and thus all male on male rape) would be excluded entirely.
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Mikedor
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Postby Mikedor » Sat Jun 19, 2010 7:27 am

Wouldn't this interfere with National sovereignty?

Some nations may not view rape as criminal.

(Mikedor does, and supports the proposal.)
Last edited by Mikedor on Sat Jun 19, 2010 7:31 am, edited 1 time in total.
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Quadrimmina
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Postby Quadrimmina » Sat Jun 19, 2010 7:30 am

Our nation does not consider this resolution a NatSov issue, and completely supports this proposal. We also hope that the delegation from Charlotte Ryberg will include provisions concerning the differentiation between rape and sexual assault and include date-rape and statuatory rape (i.e. every nation must declare an age of sexual majority, under which statuatory rape charges are applied)
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Postby Flibbleites » Sat Jun 19, 2010 7:44 am

Seriously? For crying out loud, how many nations out there don't consider rape a crime? :palm: This appears to me to be a case of writing a proposal not to fix a problem, but purely to get one's name out there and as such I can not support this useless proposal.

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Absolvability
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Postby Absolvability » Sat Jun 19, 2010 7:51 am

I support this proposal, as well as the more constructive criticisms that have been laid before the talented and revered Ambassador of Charlotte Ryberg. The only thing unsettling is that this hasn't already been covered... and that I hadn't taken the oppurtunity to write this myself. Hmm...
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Flibbleites
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Postby Flibbleites » Sat Jun 19, 2010 7:53 am

Absolvability wrote:I support this proposal, as well as the more constructive criticisms that have been laid before the talented and revered Ambassador of Charlotte Ryberg. The only thing unsettling is that this hasn't already been covered... and that I hadn't taken the oppurtunity to write this myself. Hmm...

It hasn't been covered because I'm sure 99% of WA member nation have already outlawed rape. Hell while we're at it, let's outlaw murder too. :palm:

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Stash Kroh
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Postby Stash Kroh » Sat Jun 19, 2010 7:57 am

We like the idea of the proposal, Ms. Harper. Please pursue the issue further...

However...

REQUIRES member states to prosecute rapists to the fullest extent possible within their jurisdiction;


We cannot support this proposal because of this line. Unlike our Unibotian allies, our nation supports the use of Capital Punishment for serial murderers who have been deemed unsafe to the other inmates and the staff of our incarceration facilities. However our nation would object to capitally punishing a convicted rapist, not because the crime necessary does not warrant it, but because we have statistical evidence that shows we have a unusually high wrongfully convicted rate for rape crimes. We cannot risk murdering a wrongfully convicted man, with such high statistics. Social scientists in Stash Kroh have found using albeit, outdated polygraph technology, that up to 10% of women victims in rape cases are lying to retain custody of their children, or ensure a large divorce settlement ..etc. -- we cannot accept that one out of ten convicted rapists will be sentenced to death, when they did not commit the crime they were sentenced to. Rape cases are especially vulnerable to wrongful conviction, because in a real rape case, the rapist (especially if he is known to the victim) will try to suppress his victim, and make them feel as if they cannot come forth to the police about these crimes -- thus the police and the judicial sectors must 'fill in the blanks' generally to prosecute the rapist, which is a poor but necessary way to convict many rapists and bring solace and security to their victims.

Seriously? For crying out loud, how many nations out there don't consider rape a crime? :palm: This appears to me to be a case of writing a proposal not to fix a problem, but purely to get one's name out there and as such I can not support this useless proposal.


Mr. Flibble, I think Ms. Harper has gotten her delegation's name 'out there' enough not to care about those sorts of ideals anymore. We've had to outlaw child abuse, labor and slavery for godsake, I don't see how Rape is 'universally covered', particularly in misogynist and misandrist cultures where one partner regularly seeks control over their other partner through violence and rape. In such states, the government and the law tends to view such crimes as 'the discretion of the man or women of the house', and 'not our business to intrude'.
Last edited by Stash Kroh on Sat Jun 19, 2010 7:58 am, edited 1 time in total.
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Charlotte Ryberg
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Postby Charlotte Ryberg » Sat Jun 19, 2010 8:02 am

The basic aim of this draft is to outlaw rape in all member states, define statutory rape in all member states, and prosecute rapists, and to call for all member states to support victims of rape.

OOC: Rape has been considered by the UN in regards to war crimes.

IC: I might consider adding statutory rape into the draft:
Defines (for the purpose of this resolution):
• "Rape" as any form non-consensual sexual intercourse;
• "Statutory Rape" as a sexual activity involving a participant who is below the age of consent (as defined by each member state) or without mental capacity, and thereby legally incapable of consenting to any sexual intercourse, and that sexual activity is not consensual even if a person below the age of consent willingly engaged in any sexual intercourse.

DECLARES that member states shall consider statutory rape to be a prosecutable offence;

I probably need to also add a ban on member states using state-sponsored rape in war too. Something like:
Prohibits member states from the use of systematic rape in war.


Again, I think rape is something worthy of international law but at them moment needs refining. Also need to consider the fact that rape has to be proven first.

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Postby Unibot » Sat Jun 19, 2010 8:10 am

Eduard babbled "Mr. Flibble brings up a good point, a resolution just outlawing rape is a little .. obvious. Much of the problem in developed countries is there are no institutions that exist to assist rape victims. Governments may have outlawed rape, but some still culturally believe as my Stash Kroh colleague stated, "the government and the law tends to view such crimes as 'the discretion of the man or women of the house', and 'not our business to intrude'". These nations would be most likely to not offer any sort of helpline, or system for victims to get assistance .. but instead let victims continue to live in trepidation and not approach the police out of fear, of both the rapist and the social pressure to 'keep such tribulations behind closed doors'.

Therefore, I believe your resolution should also call for the expansion of socials services for rape victims before and after their rapists are convicted, and aim to reduce the stigma on reporting rape".
Last edited by Unibot on Sat Jun 19, 2010 8:14 am, edited 2 times in total.

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Absolvability
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Postby Absolvability » Sat Jun 19, 2010 8:11 am

Bob wrote:It hasn't been covered because I'm sure 99% of WA member nation have already outlawed rape. Hell while we're at it, let's outlaw murder too


I see your point, good sir, and I have no doubt that you are correct. I simply think that is it our duty to assist rape victims in 1% of the WA as well. If we banked on our member nations being enlightened we wouldn't have need for the CoCR, would we? Or so many other resolutions that we now hang our hats proudly upon. To say that this is a topic so obvious is only to say that we've been remiss for not having covered it sooner. Of course, this is only my humble opinion, and my warped way of looking at things.


Ryberg wrote:Again, I think rape is something worthy of international law but at them moment needs refining. Also need to consider the fact that rape has to be proven first.

Honored Ambassador, I respectfully request that you leave out this portion. On one, slightly less important hand, I believe that this will be opening up another can of worms entirely. On a more to the point note, I'm sure that touching upon this would duplicate resolutions already on the books that cover the rights of criminals, though not specifically in the case of rape.
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Unibot
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Postby Unibot » Sat Jun 19, 2010 8:11 am

• "Statutory Rape" as a sexual activity involving a participant who is below the age of consent (as defined by each member state) or without mental capacity, and thereby legally incapable of consenting to any sexual intercourse, and that sexual activity is not consensual even if a person below the age of consent willingly engaged in any sexual intercourse.



"I haven't read the Child Protection Act in a long while, but doesn't it cover this?" Eduard asked.
Last edited by Unibot on Sat Jun 19, 2010 8:12 am, edited 1 time in total.

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Charlotte Ryberg
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Postby Charlotte Ryberg » Sat Jun 19, 2010 8:19 am

Unibot wrote:
• "Statutory Rape" as a sexual activity involving a participant who is below the age of consent (as defined by each member state) or without mental capacity, and thereby legally incapable of consenting to any sexual intercourse, and that sexual activity is not consensual even if a person below the age of consent willingly engaged in any sexual intercourse.



"I haven't read the Child Protection Act in a long while, but doesn't it cover this?" Eduard asked.

GA#15 actually does:
(c) All Nations shall enact and enforce legislation deeming unlawful and duly punishing all sexual acts involving or committed against non-consenting or invalidly consenting individuals, without prejudice to any immunities applicable to minors or persons otherwise incompetent for the purposes of criminal responsibility.

What a way to sneak a rape law into a privacy resolution. That speaking, I may actually change the focus of this draft to support for victims of rape.

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Postby American Capitalist » Sat Jun 19, 2010 9:25 am

Perhaps we should have a minimum age of consent that way we don't have nations declaring the age of consent to be 1 years old?

I would suggest the following changes and additions to the resolution:
CONCERNED by the effects of rape on rape victims, such as trauma, anxiety and depression;

NOTING that rape is a serious violation of the victims human rights and that while there are no age or sex barriers that women and young children are more likely to fall victim to it;

SEEKING to drastically cut cases of rape in all member states;

Hereby:

Defines (for the purpose of this resolution):
• "Rape" as any form non-consensual sexual intercourse; (Including gang rape, date rape, spousal rape, war rape, prison rape, college campus rape and so on)
• "Statutory Rape" as a sexual activity involving a participant who is below the age of consent (as defined by each member state) or without mental capacity, and thereby legally incapable of consenting to any sexual intercourse, and that sexual activity is not consensual even if a person below the age of consent willingly engaged in any sexual intercourse.

DECLARES that member states shall consider statutory rape to be a prosecutable offence;

REQUIRES member states to investigate all reports of suspected rape;

REQUIRES member states to prosecute persons proven beyond doubt to have committed rape to the fullest extent possible within their jurisdiction;

MANDATES that member states commit to provide satisfactory support and counseling for victims of rape and their families;


CALLING FOR member states to protect innocent persons from false accusations of rape until such accusations are proven;

URGES nations and schools to provide self-defense courses so that women and children can better protect themselves from rapist or sexual predators.


I feel this resolution should probably be more concerned with helping WA nations fight rape rather then just outlawing it.
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Bears Armed
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Postby Bears Armed » Sat Jun 19, 2010 10:13 am

Flibbleites wrote:It hasn't been covered because I'm sure 99% of WA member nation have already outlawed rape. Hell while we're at it, let's outlaw murder too. :palm:

Bob Flibble
WA Representative

Didn't some members of the former international organisation try pushing through a resolution to do that? ;)

(I've probably still got a copy of 'Murder and Manslaughter Laws' somewhere in my files...)
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(includes The Ursine NorthLands) Demonym = Bear[s]; adjective = ‘Urrsish’.
Population = just under 20 million. Economy = only Thriving. Average Life expectancy = c.60 years. If the nation is classified as 'Anarchy' there still is a [strictly limited] national government... and those aren't "biker gangs", they're traditional cross-Clan 'Warrior Societies', generally respected rather than feared.
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Neutonica
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Postby Neutonica » Sat Jun 19, 2010 10:26 am

Flibbleites wrote:It hasn't been covered because I'm sure 99% of WA member nation have already outlawed rape. Hell while we're at it, let's outlaw murder too. :palm:

Bob Flibble
WA Representative


Actually, sir, it is possible that not all countries have outlawed all forms of rape. Perhaps, in some countries, spousal rape is not considered to be rape, especially in patriarchal societies where women are subservient to men, and the "what the husband wants, the husband gets" mentality may still exist.

American Capitalist wrote:Perhaps we should have a minimum age of consent that way we don't have nations declaring the age of consent to be 1 years old?

I would suggest the following changes and additions to the resolution:
CONCERNED by the effects of rape on rape victims, such as trauma, anxiety and depression;
NOTING that rape is a serious violation of the victims human rights and that while there are no age or sex barriers that women and young children are more likely to fall victim to it;

SEEKING to drastically cut cases of rape in all member states;

Hereby:

Defines (for the purpose of this resolution):
• "Rape" as any form non-consensual sexual intercourse; (Including gang rape, date rape, spousal rape, war rape, prison rape, college campus rape and so on)
• "Statutory Rape" as a sexual activity involving a participant who is below the age of consent (as defined by each member state) or without mental capacity, and thereby legally incapable of consenting to any sexual intercourse, and that sexual activity is not consensual even if a person below the age of consent willingly engaged in any sexual intercourse.

DECLARES that member states shall consider statutory rape to be a prosecutable offence;

REQUIRES member states to investigate all reports of suspected rape;

REQUIRES member states to prosecute persons proven beyond doubt to have committed rape to the fullest extent possible within their jurisdiction;

MANDATES that member states commit to provide satisfactory support and counseling for victims of rape and their families;

CALLING FOR member states to protect innocent persons from false accusations of rape until such accusations are proven;

URGES nations and schools to provide self-defense courses so that women and children can better protect themselves from rapist or sexual predators.


I feel this resolution should probably be more concerned with helping WA nations fight rape rather then just outlawing it.


Additionally, I agree with the Delegate of American Capitalist that we should fight rape, not just outlaw it. However, I would like to remind the Assembly that rape victims need not necessarily be women or children, and could just as well be men.

Dr Isaac Corrigan
Delegate of Neutonica
Last edited by Neutonica on Sat Jun 19, 2010 10:30 am, edited 2 times in total.

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Postby Glen-Rhodes » Sat Jun 19, 2010 10:29 am

Flibbleites wrote:It hasn't been covered because I'm sure 99% of WA member nation have already outlawed rape. Hell while we're at it, let's outlaw murder too. :palm:

Bob Flibble
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I'm sure the same thing was said when we outlawed torture, child molestation, slavery, and trafficking, just to name a few things.

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Postby Freeoplis » Sat Jun 19, 2010 11:10 am

Charlotte Ryberg wrote:REQUIRES member states to prosecute persons proven beyond doubt to have committed rape to the fullest extent possible within their jurisdiction;

The term "doubt" should be amended to "reasonable doubt" as at present the threshold of no doubt at all would be quite high to achieve.
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Sionis Prioratus
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Postby Sionis Prioratus » Sat Jun 19, 2010 11:33 am

Quelesh wrote:In fact, some nations may define "sexual intercourse" as "penile-vaginal intercourse," meaning that anal rape (and thus all male on male rape) would be excluded entirely.


This to say nothing of variations of sexual congress, such as "penile-oral intercourse", "finger-vaginal intercourse" & "tentacle-vaginal intercourse".

Does this mean penisless tentacle monstrosities such as Great Cthulhu can go in a frenzy of tentacle rape and basically run away free?

What about non-consensual tribadism?

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Flibbleites
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Postby Flibbleites » Sat Jun 19, 2010 1:19 pm

American Capitalist wrote:Perhaps we should have a minimum age of consent that way we don't have nations declaring the age of consent to be 1 years old?

Many people have tried to establish an international age of consent and none have every succeeded due to the simple fact that not all species residing in WA member nations age at the same rate.

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Nullarni
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Postby Nullarni » Sat Jun 19, 2010 1:26 pm

Yeah, I am pretty sure this is a non-issue. I would say that the majority of nations have already outlawed all this.

Of course, just to be sure we need to also outlaw murder, petty theft, breaking the laws of thermodynamics and gravity, and wearing white after Labor Day,
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Postby Sionis Prioratus » Sat Jun 19, 2010 3:20 pm

Flibbleites wrote:
Absolvability wrote:I support this proposal, as well as the more constructive criticisms that have been laid before the talented and revered Ambassador of Charlotte Ryberg. The only thing unsettling is that this hasn't already been covered... and that I hadn't taken the oppurtunity to write this myself. Hmm...

It hasn't been covered because I'm sure 99% of WA member nation have already outlawed rape. Hell while we're at it, let's outlaw murder too. :palm:

Bob Flibble
WA Representative


SHHHHHHHHH!!! Do not give any ideas! It has been tried before!

Yours,
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Haute Ambassadrice for the WA for
✡ The Jewish Kingdom of Sionis Prioratus
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Sa Majesté Impériale Dagobert VI de Saint-Clair
A simple truth

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Freeoplis
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Postby Freeoplis » Sat Jun 19, 2010 3:30 pm

Sionis Prioratus wrote:
Flibbleites wrote:
Absolvability wrote:I support this proposal, as well as the more constructive criticisms that have been laid before the talented and revered Ambassador of Charlotte Ryberg. The only thing unsettling is that this hasn't already been covered... and that I hadn't taken the oppurtunity to write this myself. Hmm...

It hasn't been covered because I'm sure 99% of WA member nation have already outlawed rape. Hell while we're at it, let's outlaw murder too. :palm:

Bob Flibble
WA Representative

SHHHHHHHHH!!! Do not give any ideas! It has been tried before!

Yours,

That's ridiculous *shakes head and pours another whiskey* . . . the WA is just pouring money down the drain on unnecessary proposals, the scale of the bureaucracy could lead an Ambassador to drink . . . oh wait it already has :blink:
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