Author Krashi Posted December 9, 2015 Author Share Posted December 9, 2015 Actus reus : commission of an act If I was prosecuting to prove I'd argue on the point of one or all of the following: Due diligence Desire Possibly duty of care Defending Ignorance under the mental health act Lack of foresight You need mens rea or, at least reckless disregard here, for criminal. absent some special duty or something. Not sure I understand "desire" , defending or ignorance under the mental health act ( ignorance of what?). Really we could get all theoretical, I suppose and this might be a good law school question or something. Do you think you had some special duty of care to someone whose existence you did jot even know about? did you take advantage of a mentally handicapped person? Is it a crime to have "desire"? What do you mean by "defending". I don't know if you are just looking for some way to hold yourself accountable for some reason. But, if you had no knowledge that this guy was married and you just and you did not blatantly ignore evidence to the contrary, I cannot imagine why you would feel any guilt or responsibility, unless you continued with him post discovery. 1 Link to post Share on other sites
NewLeaf512 Posted December 9, 2015 Share Posted December 9, 2015 (edited) You need mens rea or, at least reckless disregard here, for criminal. absent some special duty or something. Not sure I understand "desire" , defending or ignorance under the mental health act ( ignorance of what?). Really we could get all theoretical, I suppose and this might be a good law school question or something. Do you think you had some special duty of care to someone whose existence you did jot even know about? did you take advantage of a mentally handicapped person? Is it a crime to have "desire"? What do you mean by "defending". I don't know if you are just looking for some way to hold yourself accountable for some reason. But, if you had no knowledge that this guy was married and you just and you did not blatantly ignore evidence to the contrary, I cannot imagine why you would feel any guilt or responsibility, unless you continued with him post discovery. I did know about her. I knew her, barely. ExMM and I were friends for years. He is in the American arm of my former firm. When he announced to me and many other colleagues after a meeting that he was in my home country to attend, we all knew about the long standing marital problems because we had witnessed some shambolic behaviour at work do's. No idea who was responsible or why, but when the plonker made his emancipation proclaimation, no one least of all me had any reason to doubt it. No one was more knocked over with absolute shock upon such a discovery than I was. There isn't a word that I know that comes close: disbelief shock gobsmaked stunned nothing come close. I never saw him in person after that and I resigned my (very) senior role in the firm immediately after DDay and almost destroyed my career trying to do the right thing. I mentioned mens rea in my first post about the law Edited December 9, 2015 by NewLeaf512 2 Link to post Share on other sites
66Charger Posted December 10, 2015 Share Posted December 10, 2015 Please excuse my lack of knowledge to some of your words. What exactly is a emancipation proclamation? Is that American English for Divorce? Link to post Share on other sites
NewLeaf512 Posted December 10, 2015 Share Posted December 10, 2015 (edited) Please excuse my lack of knowledge to some of your words. What exactly is a emancipation proclamation? Is that American English for Divorce? It's a huge statement saying you are free. It's a historical reference to the speech Abraham Lincoln gave in 1863 to abolish slavery (like ball and chain) which was called the emancipation proclaimation and a euphemism for divorce Edited December 10, 2015 by NewLeaf512 Link to post Share on other sites
66Charger Posted December 10, 2015 Share Posted December 10, 2015 I am aware of the Emancipation Proclamation as it relates to US history. Never heard it used for divorce, but that is so Newleaf. Link to post Share on other sites
ladydesigner Posted December 10, 2015 Share Posted December 10, 2015 I did know about her. I knew her, barely. ExMM and I were friends for years. He is in the American arm of my former firm. When he announced to me and many other colleagues after a meeting that he was in my home country to attend, we all knew about the long standing marital problems because we had witnessed some shambolic behaviour at work do's. No idea who was responsible or why, but when the plonker made his emancipation proclaimation, no one least of all me had any reason to doubt it. No one was more knocked over with absolute shock upon such a discovery than I was. There isn't a word that I know that comes close: disbelief shock gobsmaked stunned nothing come close. I never saw him in person after that and I resigned my (very) senior role in the firm immediately after DDay and almost destroyed my career trying to do the right thing. I mentioned mens rea in my first post about the law (((NewLeaf512))) I'm so sorry you had resigned over this MM I hope you find a new position, even better than your last one. You do and did not deserve any of this. 1 Link to post Share on other sites
NewLeaf512 Posted December 10, 2015 Share Posted December 10, 2015 (((NewLeaf512))) I'm so sorry you had resigned over this MM I hope you find a new position, even better than your last one. You do and did not deserve any of this. Thank you LD. I was without a role from July through mid November. I was bricking it because I was "too senior" for the roles I had applied for. Out of no where I got an appointment into an amazing role that is wonderful and scary x 3 Link to post Share on other sites
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