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User Info Charge The Employers With Being Accessories to Rape; entered at 2018-07-05 11:50:58
Tickerguy
Posts: 153516
Registered: 2007-06-26
Quote:
I don't know if it would hold up.

And I don't know if it should. Kind of torn on that. But if I drive Joe to the bank and he robs the bank I'm an accessory to the crime. And if I know Joe had a gun it makes it pretty difficult for me to argue that I was not complicit.

Absolutely it holds up; to be an accessory before the fact your act must (1) in some way contribute to the ability of the person who commits the offense to offend and (2) be taken with either knowledge of an illegality or with reckless disregard, that is, a willful refusal to make reasonable inquiry.

If I give you a ride to the bank and I know that you have a gun on you then I go to prison as an accessory before the fact to the robbery. If you SHOOT SOMEONE while robbing the bank I get charged with MURDER, even though I didn't know you intended to shoot in the commission of the crime. The latter doesn't matter; I enabled the offense and I either knew you were intending something unlawful OR I recklessly disregarded any sort of inquiry, on purpose.

The employer either KNEW the persons were illegal *or recklessly disregarded* inquiry into same. By doing so he enabled the commission of the offense since by employing them he not only caused them to be there he made possible the payment of the rent at the hotel. But for his willful negligence and intentionally illegal act of hiring them, which is a crime, the offense would not have been committed.

That fits the legal requirements for being charged as an accessory; the conduct of the employer was unlawful and it directly contributed to the ability for the offender to commit the offense.

Bingo. To prison you go for RAPE.
2018-07-05 11:50:58