Law and justice in the Seafaring Confederation is founded on the Constitution of the Seafaring Confederation, which is the supreme judicial guidance of the Confederation, and protected by the Supreme Court of the Seafaring Confederation. Laws not set out under the Seafaring Constitution can be enforced on the confederate, national, autonomous, territorial or tribal level.
Laws in the Seafaring Confederation are subject to several constitutions, the highest of which is the Constitution of the Seafaring Confederation. On a layer lower than the Seafaring Constitution, which is regulated by treaty, are the national constitutions of the 8 member nations, some of which have semi-autonomous subdivisions known as states, provinces or viscountcies that also have the right to set up their own constitution. The right to have a constitution also exists for tribes located in the Seafaring Confederation, but not for ethnic equals. These constitutions cannot be in conflict with superordinate constitutions.
The Seafaring Confederation holds that a certain set of rights must be read out to any person who is arrested or interrogated, as was ordered by the Supreme Court of the Seafaring Confederation in McKenzie v. Department of Justice of the Highlands 53 706 (1964). These rights are to be read out as follows:
- "You have the right to remain silent. Anything you say or do can be used against you and will be used against you if possible. You have the right to speak to an attorney. If you cannot afford an attorney, the State/Nation will provide one for you. If you are not a citizen of the Seafaring Confederation, you may contact your country's embassy or consulate prior to questioning. If you are a citizen of the Seafaring Confederation, but not a citizen of [country of arrest], you have the right to request that the judicial process takes place in the confederate court circuit. You may choose not to exercise these rights at this moment, but you are allowed to invoke them at any time during questioning. Do you understand what we have just said?
Not reading out these rights will result in a reduced sentence in cases where no grave bodily harm or exceptional social disadvantages were created by the crime. A death sentence can never be reduced by not reading out Miranda Rights.
Levels of law
Confederate Law are the laws under the Constitution of the Seafaring Confederation and the regulations as ordered by the House of Representatives of the Seafaring Confederation and the High Council of the Seafaring Confederation. These last two only possess the power to provide legislation affecting the Confederation as a whole, illegalizing trying to meddle with national or autonomous regulation of legislation.
Types of Confederate Law
Under the Constitution and governmental regulation of the Seafaring Confederation, the following laws are considered offences against (individuals present (at the moment of the crime) in the jurisdiction of) the Seafaring Confederation and are thus regulated by Confederate Law and taken care of by the confederate court circuit.
Laws regulating sex and sexuality (non-violent forms)
Abortion and contraception
Confederate Law regulates that all forms of contraception for both male and female individuals must be made available in the apothecaries and chemists as long as it is proven that the contraception does not have a negative effect on the health of the users. Surgically litigating fertility is not considered to have a negative effect on the health of the users as long as the individual to whom it is done has given consent for the procedure without pressure from outside.
Abortion is regulated by the nations themselves in general, who may choose to relegate abortion regulation to their respective autonomous subdivisions. Confederate Law does however describe that abortion is legal if it is proven that the remaining presence of the unborn can have an extreme detremental effect on the physical or mental health of the mother, or if the unborn was conceived through rape or sexual abuse. The confederate minimum of the maximum number of weeks of age of the baby before she cannot be voluntarily aborted by the mother is 24 weeks.
It is illegal to force a woman to have an abortion under all circumstances. If a woman is imprisoned at the time that she gives birth do a child, she is subsequently set free if she is considered to be not dangerous to her child.
Age of consent
The age of consent is set by either the nations or the autonomous subdivisions of these nations, and Confederate Law also allows tribes to set their own ages of consent (insofar that they can regulate the procedures of the tribe), whilst disallowing the territories to set their own ages of consent. Confederate regulation dictates that the lowest the age of consent is allowed to be is 13, and the highest 20, whilst allowing a three-year-gap between when it will be statutory rape for having sex with a person under the age of consent. Having sex with somebody of the age or twelve or younger without being three years or less older than the 12-year-old counts as statutory child rape.
Adultery cannot be criminalized. All forms of adultery, whether consensual (i.e. known about by both parties of the marriage) or secret (i.e. known about only by the adulterer) are considered private matters of the parties involved. If the adultery is in the form of the individual being subjected to non-consensual sexual intercourse, then it is considered rape rather than adultery.
It is illegal to punish a person for adultery, no matter whether the adultery was consensual, non-consensual or otherwise.
It is fully legal to posses or create pornography. Possession of pornography is allowed for all ages, participation in pornography depends on other factors. Participation in hardcore pornography (i.e. penetration, BDSM, etc.) is allowed only from the age of 18 on, whilst nude pornography and nude art is allowed to be participated in from the age of 15 on.
Possesion of child pornography is illegal and will be punished with a heavy fine. Production and distribution is a capital offence, which means that it is punishable by death.
LGBT citizens enjoy the same rights as non-LGBT citizens in every way. Same-sex marriage was legalized in 2002. It is also illegal to discriminate against LGBT citizens on any ground whatsoever.
Laws regulating sex and sexuality (violent forms)
Human trafficking with the intention to utilise the victims for sexual purposes
Human trafficking with the intention to utilise victims for sexual purposes, which may include forced participation in pornography or forced prostitution, is punishable by death, regardless of the age or gender of either the victim or the criminal.
Sexual abuse is punishable by death in all forms. Child sexual abuse may in some cases be punished by 2 to 6 years of solitary confinement if so requested by the family.
Laws relating to child pornography as regulated by Confederate Law only address the creation of child pornography directly, whilst merely setting out regulations for the distribution and possession of child pornography for the nations.
Creation of child pornography is punishable by death under Confederate Law.
The distribution of child pornography is left up to be punished by the member nations, however, Confederate regulations describe that the minimum sentence should be 25 years with the maximum sentence being death.
The possession of child pornography is left up to be punished by the member nations, however, Confederate regulations describe a minimum fine of kr. 2,329,019 or a sentence of at least 2 years, with the maximum sentence being 25 years.
Confederate Law describes child pornography as "any pictures, videos or other means of virtual or audial representation of nudity of an individual under the age of 15, or any pictures, videos or other means of virtual or audial representation of sexual acts, which may or may not include penetration, masturbation, or expressions of sadism towards the individual, of an individual under the age of 18."
Rape, which is described as "having sexual intercourse against an individual's consent", is punishable by death under all circumstances, no matter the age or gender of the victim or of the criminal. This means that a woman forcing a man to have sex is regarded as rape.
Punishments for attempted rape are left up to the nations' laws without Confederate regulation, however, the Confederate Law advises that the punishment be at least 30 years imprisonment.
If during a session of sexual intercourse one of the participants requests that the session be terminated and the other participant(s) do(es) not comply, then the other participant(s) is/are guilty of rape.
Murder (non-premeditated), a.k.a. manslaughter