At Vote: Repeal "Marital Rape Justice Act" [Complete] [Complete]

[Eluvatar]

Category: Repeal
Resolution: GA#231
Proposed by: Ossitania

Description: WA General Assembly Resolution #231: Marital Rape Justice Act (Category: Moral Decency; Strength: Mild) shall be struck out and rendered null and void.

Argument: The World Assembly,

DEDICATED to the defence of human rights, to the protection of equality, to the combatting of rape and to the administration of justice for all,

BELIEVING the target resolution was written with all of these goals in mind but that it fails to achieve any of them,

CONCERNED the target resolution merely throws up legal barriers to marital rape without asserting a right to be free from it, thus failing to defend human rights,

APPALLED the target resolution orders the elimination of legal distinctions between instances of rape yet allows for authorities to discriminate in favour of victims of marital rape and against victims of non-marital rape when responding to accusations of rape, thus failing to protect equality,

ACKNOWLEDGING this discrimination was intended to allow for authorities to give due attention to cases of rape where the victim and perpetrator are living together,

NOTING this goal could be achieved without allowing general discrimination,

FURTHER NOTING this goal is not even achieved by allowing general discrimination, as the definition of marital rape excludes familial relationships and other relationships not established in legal contracts that could give the perpetrator just as much access to their victim in order to commit a repeat attack,

HORRIFIED such discrimination could lead to victims of non-marital rape having their accusations neglected or actively ignored in favour of victims of marital rape, thus failing to combat rape,

WORRIED the Act's definition of "marital rape" confuses the issue of marital rape, as some of the legal relationships included in the definition carry no connotation or expectation of sexual activity, while some relationships not established in legal contract do carry such connotations and expectations but are excluded from the definition,

AGREEING these failures were wholly unnecessary and prevent the target resolution from achieving the administration of justice for all,

CONVINCED their exclusion would have increased the efficacy of the target resolution and helped it achieve its goals,

DESIROUS of the opportunity to replace the target resolution with a more effective and comprehensive resolution without these failures,

Hereby

REPEALS GA #231 Marital Rape Justice Act.

 

[Eluvatar]

First note: As Ossitania is a nation of International Democratic Union and our treaty with said region includes the below clause, the voting regimen is slightly different for this one.

6. The parties will support resolutions proposed by members of the other party in the General Assembly by a Delegate vote in favor within a minute of it reaching the floor so long as (i) the other party publicly registered the request sufficiently in advance, (ii) accommodated any limitations as to when the Delegate may be available to vote, and (iii) provided that a plurality of active WA members in the Delegate’s region do not thereafter object to the resolution while it is at vote.

One may vote Aye, Nay, Abstain, or Present. A vote of Present will not be counted as a vote for the purposes of the below descriptions.

The Delegate will vote against the resolution if a majority of votes (excluding Present votes) are against. The Delegate will abstain if there is not a majority of votes in favor or opposed and there are more votes opposed than in favor or to abstain. The Delegate will vote in favor if a majority of votes are for and in all other cases.

Second note: In reviewing this resolution, the Ministry concentrates on the arguments contained therein, and not the actual substance and content of the resolution it is intended to repeal.

This repeal resolution argues that the limited scope of the target resolution is discriminatory and renders it harmful to victims of rape that does not take place in a marital setting; it proposes that in concentrating on marital rape, victims of non-marital rape may find that the crime committed against them does not rank of equal precedence to that of marital rape.

The resolution also suggests that the premise for a resolution on marital rape - that the victim is in constant contact with the perpetrator - is flawed in that it does not consider other familial relationships where rape or sexual abuse may take place. The author contends that this also is discriminatory and potentially harmful.

The Ministry recommends that if you agree with the author in his assessment that the target resolution is flawed, discriminatory, and potentially harmful, that you vote for. Should you, on the other hand, feel that the concerns of the author are misplaced and that the target resolution covers the topic more than adequately and does not pose a risk to victims of other forms of rape, then this Ministry recommends a vote against. If you have no strong feelings either way, a sense of apathy, or seem uncertain about repealing the target resolution, then an abstention is recommended.

Third note: The votes stand 4 aye, 0 nay, 0 abstain, 0 present. Therefore the Ministry advises the Delegate to continue voting in favor.

 

[mcmasterdonia]

This is now at vote. Information for Voters from the WA Ministry is being sent now.

 

[mcmasterdonia]

I have lodged an initial vote of Aye, in compliance with our treaty arrangements.

 

[Sanctaria]

Aye.

I've also voted with my WA nation - Sanctaria - which is currently in the IDU.

 

[Lennart]

Aye

Voted nowhere else.

 

[mcmasterdonia]

Still voting Aye, then.

 

[Welsh Cowboy]

Aye

Haven't voted elsewhere

 

[Kiwi]

Aye. Voted nowhere else.

 

[mcmasterdonia]

I count 4 ayes. Still voting aye.

 

[Lord Byron]

Aye

Aye half voted innoother region.

 

[mcmasterdonia]

Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.

 

[r3naissanc3r]

Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.