Quote (thesnipa @ 16 Feb 2021 05:26)
i feel like you're making my point for me, a lowered sentence is analogous to the gray area of questioning consent im speaking of. im not saying they dont consent (just as you're not saying they arent guilty), im saying their consent is lesser than someone in a different circumstance, just as you're saying the murder is less punishable than another murder.
in short consent isnt consent, guilt isnt guilt. a spectrum is gray area. spectrums arent black and white by definition.
The argument you originally made had to do with sexual preference and activity. There's no criminal code or criminal intent behind "alternative lifestyles". If your consideration regarding "the bad thing" is autoerotic asphyxiation, you don't seek to legislate the bedroom to prevent it. If you wish to propose introducing the risk of such things into sexual education courses? Let's have a conversation.
The "gray area" in such a case isn't whether or not they should have moderated their sex play. Instead it's whether or not their life insurance company can refuse to pay out to their family due to the "suicide" status of the nature of death. And in most recent cases that I've seen, special circumstance DID play a hand given there was no
intent to suicide, but the insurance companies were also provided consideration, as the person did not disclose this potentially dangerous habit.
Regardless, the person still consents to the autoerotic asphyxiation. They made a choice. There may well be consequences to that choice, not the least of which is death, but other consequences as well. Since they consented, the "case by case" nature of justice says we deal with the "bad thing" after it happens.
Consent IS consent, and guilt IS guilt. Related circumstance is what moderates sentencing.