Quote:
Originally Posted by GreenLantern2814
Being naive isn’t a crime.
“I thought it was a consensual encounter, I didn’t go through my player’s sex tape with a magnifying glass, i told him to delete the video because his decision to immediately show it to other people indicated he wasn’t mature enough to be in possession of that video, and for his sake and the girl’s I said “delete that”.”
Arrest me.
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Well...being naive (defined as showing a lack of experience, wisdom, or judgment) and then taking an active step to do something (tell a person to get rid of something that could be evidence against them) might be a crime...it really depends on the circumstances.
If you are telling someone to delete a video they are showing or sending around because you think discretion would be better for them in the non-criminal sense like protecting their reputation for future job applications (in spite the fully consensual decision you reasonably believe they have made to share their video) that may be one thing.
If, however, you are in the circumstances of "a person who has become aware of the need for some inquiry [and] declines to make the inquiry because he does not wish to know the truth" then as Gio has noted that is being willfully blind and the law will consider you to have actual knowledge of the thing you tried to avoid 'knowing'.
In other words if you are worried a video either depicts a non-consensual sex act or is an intimate image being shared without consent of all parties, and that is why it would be better for it to be deleted, then counselling it to be deleted without making inquiries puts you squarely at risk of being charged with obstruction of justice for attempting to destroy evidence of a crime.
And the attempt is the crime...you do not need to succeed.
I get that the law might not align well with what people might think is "the right thing to do" but a mistake of law is not a defence to criminal charges.
Sharing an intimate image without consent of all has been a crime in Canada since 2015. So, I am less confident than others that in 2024 a prosecutor would not decide to proceed with charges against a coach or team official counselling a player to delete video evidence - particularly in the current post Hockey Canada scandal environment.
Telling someone to immediately
stop sharing is very different than telling them to delete it.
As to a coach confiscating a phone from a player...I think many might question what legal authority there is to do that.
Unfortunately, none of this stuff is as clear cut as people apparently think or wish it was.