- Joined
- Apr 29, 2015
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- 18,127
Why do you say "unfortunately"?
As for the "unlawful restraint" thing, I can think of several instances where restraint would be unlawful but any sex committed during such restraint not be assault. Timing and consent are everything and the court must grapple with questions about when consent was given and to what exactly was consented to, and then search for the answers in the context of reality and facts.
As always, it comes down to nuance. And, with all instances of nuance, one person may view it differently than another. That doesn't make either view "correct" only that one view prevailed in the mind of the judge and he has no choice but to act according to the law.
This is called justice.
This case had zip to do with what view prevailed in the mind of the judge.