“The judges’ continuing education plan for this coming year says only that judges are ‘encouraged’ to attend criminal law seminars, which include an ‘option’ of sexual assault training.Nothing seems to have changed with regard to making sexual assault training mandatory for all judges, so this will do little to reassure sexual assault victims.”The new judicial education plan was quietly released late last month after receiving approval from the Ontario Court of Justice’s Education Secretariat and the Ontario Judicial Council. a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped. "" means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law. "" shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim. Lack of consent results from: (a) Forcible compulsion; or (b) Incapacity to consent; or (c) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct; or (d) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances. A person is deemed incapable of consent when he or she is: (a) less than seventeen years old; or (b) mentally disabled; or (c) mentally incapacitated; or (d) physically helpless; or (e) committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital, as such term is defined in subdivision two of section four hundred of the correction law, and the actor is an employee who knows or reasonably should know that such person is committed to the care and custody or supervision of such department or hospital.For purposes of this paragraph, "employee" shall also mean a person, including a volunteer or a government employee of the state department of corrections and community supervision or a local health, education or probation agency, providing direct services to inmates in the local correctional facility in which the victim is confined at the time of the offense pursuant to a contractual arrangement with the local correctional department or, in the case of such a volunteer or government employee, a written agreement with such department, provided that such person received written notice concerning the provisions of this paragraph; or (g) committed to or placed with the office of children and family services and in residential care, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to or placed with such office of children and family services and in residential care.He or she engages in sexual intercourse with another person without such person`s consent; or 2.He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or 3.
“I’ve spent a long time, battling the effects of sexual shame within mental health," says Dr. "What’s clear from sexual research is that it’s the shame that does damage, not the sex." I was interviewed for #No More Sex Shame—you can see my video here—and I interviewed Dr. The series is on Youtube, and contains about a dozen videos now, with more coming every week.
Unfortunately, 90-95% of most licensed mental health clinicians have no training whatsoever in sexual diversity.
That's stunning, and most people are surprised by it—we expect therapists to be able to talk about sex. Then when these clinicians encounter sexual behaviors in their practice, they judge the sex, and the person, subjectively, based on their own experience and sexual interests.
Bell was originally charged with first-degree kidnapping and having sex with a student.
He now faces additional counts of preventing or dissuading a witness from testifying or producing evidence and attempt to suborn perjury.
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S 130.16 A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim's mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to: (a) Establish that an attempt was made to engage the victim in sexual intercourse, oral sexual conduct, anal sexual conduct, or sexual contact, as the case may be, at the time of the occurrence; and (b) Connect the defendant with the commission of the offense or attempted offense.