The Kevin Spacey Assignment - Look this video( http://money.cnn.com/2017/11/02/m

Question

The Kevin Spacey Assignment

- Look this video( http://money.cnn.com/2017/11/02/media/house-of-cards-kevin-spacey-harassment/ ) handed out in class. Allegations against Mr. Spacey are numbered 1, 2 and 3. Assume all three are true. On a separate piece of paper, identify, for each of the three allegations:

a) Is the allegation a crime? Yes or No.

(3 points)

b) Provide the relevant statute. CITE correctly.

If YES, provide the statute that makes the allegation a crime.

If NO, which statute would be the one law enforcement looks to that does not apply?

(6 points: correct citation, relevant statute)

c) Why is the allegation a crime or why is it not a crime? Briefly explain your answer using what you know from class (actus reus, mens rea).

this is the link for the video:

http://money.cnn.com/2017/11/02/media/house-of-cards-kevin-spacey-harassment/

Explanation / Answer

Mr. Kevin Stacy was accused of sexual harassment by many people such as Actor Anthony Rapp, British National Daniel Beal etc.

a) Is the allegation a crime?

Yes, because any sexual harassment is a crime because everyone who alleged against stacey has reported unwanted and inappropriate touch. In few cases, the victims were minors, for example, Actor Anthony Rapp because it happened when he was 14.

b) Provide the relevant statute.

According to findlaw.com, there are two types of sexual harassment scenarios.

1. Quid Pro Quo - It is true when the employer offers money or other benefits such as promotion or exemption from punishment in exchange for sex.

2. Hostile work environment - When an employer fails to provide a safe working condition

Both happened in Stacy's case.

According to allaboutlaw.co.co.uk, there are two types of sexual harassments

Sexual harassment is when the victim is in a position where they couldn't talk about it but didn't like the act of touching physically. Less force is used by the criminal's side.

In Sexual assault maximum force is used to subdue the victim by hurting them.

In Stacy's case, the allegation is about sexual harassment but it still come under the criminal act.

Both of them come under discrimination act VII of the federal and under each state law.

c) Why is the allegation a crime or why is it not a crime? Briefly explain your answer using what you know from class (actus reus, mens rea).

According to allaboutlaw.co.uk, actus reus, mens rea means the act of crime itself is not crime but it becomes crime only when the mind agrees and apologises which Stacy did. Although he didn't do it explicitly he agreed to it.

According to cnn.com, Stacey issued a statement late Sunday, claiming he did not recall the incident but apologized for what he said would have been "inappropriate drunken behavior.""But if I did behave then as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior, and I am sorry for the feelings he describes having carried with him all these years," Spacey said.

So he has actually agreed to what he has done. A crime is a crime, in what situation and manner it is done is not an issue.

Thank you for the question.

Please rate if you like the answer.

References

http://edition.cnn.com/2017/11/02/entertainment/kevin-spacey-seeking-treatment/index.html?iid=EL

http://edition.cnn.com/2017/10/31/entertainment/house-of-cards-production-suspended/index.html?iid=EL

https://www.allaboutlaw.co.uk/stage/study-help/criminal-law-actus-reus-mens-rea

http://blogs.findlaw.com/law_and_life/2017/03/is-sexual-harassment-a-crime.html

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