[QUOTE=Contrapuntal]
Only if 60 comes before 58. Stop trying to make this about whether she went into the room willingly. That is not in dispute. The question is whether she remained in the room willingly. If she was cornered, the obvious answer is “No.”
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Ok I see you used one term in post 58 and then made a mistake in post 60 and later. I’ll admit to your mistake and the fact that I missed it. No I am not making this about whether she went into the room willingly. You are throwing around specific criminal charges. I am saying you don’t have enough for those specific criminal charges. I am disputing your specific points and this happens to be one of them.
[QUOTE=Contrapuntal]
Which no one but you has suggested. Is an intent to rape/rob/murder a necessary element of an intent to imprison falsely?
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You are not reading my posts very well. I never implied that it was a necessary element. I was responding to your outrage over my use of the term “discussing business”. I used the term specifically to separate it from the idea that he went in there to do anything to harm her physically. You don’t like the term I used, fine substitute the one I gave you or come up with your own. My point was that he went in there to yell, not do any harm. At least it can never be proven otherwise. The fact that this happened in a public place, where others could hear what was going on makes any argument to the contrary much harder to prove.
[QUOTE=Contrapuntal]
Again, I have not said anything about a punishment. I have been discussing the crime. Maybe your beef is with someone else.
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You are saying he is guilty of a crime. Sorry but the punishment goes along with it whether you said so or not. If you think he is guilty of a serious crime for what he did then off to jail he goes. Do you believe what he did deserves a few years in prison? I don’t. I think he should be fired.
[QUOTE=Contrapuntal]
Or torture them. “He cornered me,” in the absence of evidence to the contrary, has a specific meaning. She was maneuvered into a corner. Add his threatening and intimidating language, and his menacing stance, and you have someone who is physically being prevented from moving.
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The absence of evidence means you have no case. This is the closest that the situation comes to becoming false imprisonment. Not close enough. When you take in the totallity of the circumstances it doesn’t fit. At the very least it would be impossible to prove.
[QUOTE=Contrapuntal]
Perhaps, but either one can be an element of imprisonment.
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If it can be proved.
[QUOTE=Contrapuntal]
I’ll ask you again. Do you think he did what he did by accident? Or did he mean to do it?
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I don’t think he tripped and accidentally started yelling at her. I think he purposely belittled and intimidated her. I don’t think he wanted to imprison her. If there were criminal charges filed I would say it should be for harrassment. I believe that LG is doing the proper thing and letting the big boss handle it. If he doesn’t do something concrete to rectify the situation then she should go through civil procedures. No one should be made to work in a situation like that.
Through are discussion here it feels uncomfortably like I am being lumped in with some of the ridculous statements made in this thread. FTR I don’t think LV did anything wrong. I think she did what she could at the time as is so far doing the right thing after. I think the asshole is 100% wrong and should be fired. I don’t think he should be charged with a serious crime like false imprisonment or kidnapping. I don’t think it meets the level of probable cause for charges to be filed. I don’t see any possibility for a case to be proved beyond a reasonable doubt. I think he could be charged with harrassment, possibly assault if that is a state where the law states an assault can occur without physical contact. Just a personal opinion but I don’t think LV will get much satisfaction by going through the criminal courts in any case.