Ban Dispute (Bean Can)

[Dude_Floatian]

Punishment Type: Ban
Punishment Subtype: Server Ban
Appeal Type: Dispute[Evidence]
Which staff member issued the punishment?: @Bean Can
How long were you banned/blacklisted for?: 5 Days

Your Steam Name: Dude_Floatian
Your Roleplay Name: Alec Good Soul
Your SteamID: STEAM_0:0:841529378

Why were you punished?: 2.5, 2.8 - The user was walking around the city making very inappropriate sexual comments to people. They then shot someone for no reason after asking them to flip a coin.

Why should this appeal be considered?: This all started when I asked the user "Femboy or Tomboy" He proceeded to answer "Femboy" I Continued to ask him why he said that, and he continued with "I'm pro Femboy" And I asked him "So you would date a Femboy?" And he just emoted shrugged and said "I Find them more attractive i guess" I Then waited to mug him at gunpoint near an alleyway, but when i pulled out my gun he kept emoting and shrugging, so i decided to put his loot up to a coin flip and that's why i said "Heads or Tails" But he never picked head/tails so i just shot him because he would not comply. I was banned for asking two users "Femboy Or Tomboy" If the user that reported me was uncomfortable with the question he could have not answered or could have walked away, but the user answered all of my questions regularly and did not mention that he was uncomfortable, if he had said so i would have apologized and left him alone. I Did not mean to make this user uncomfortable, i would have stopped if he said that he was, its my bad for not noticing.

Additional Information: I Only asked one other user before that, (A tow truck driver) "Femboy Or Tomboy" And he answered and then asked me "Would you pick a Femboy, or a Tomboy?" This user was not offended/uncomfortable at all. And i knew that he was not a minor.

 

[Vollgas]

After thorough review of the incident, we have come to the conclusion that the punishment is valid. First, in your recapitulation of what happened, you have failed to mention the comments of more sexual nature during the interaction with the user. While I will not mention them here, you can send me a forums private message if you do not remember exactly what they were and I will gladly let you know.

Second, the evidence shows that you just forced someone to pick heads or tails with a gun out in passive and, when they failed to do so, you executed them. This seems like a completely unfair killing and a blatant breach of Rule 2.5. You claim your intention was to mug them near the alleyway, but if that was the case, it means you have also breached rule 5.1, as you did it in a zone where mugging is not allowed (you may find said zones here) and at no point did you make your intentions clear through reasonable commands such as ordering them to put their hands up under gun-point.

Even then, you still would not have been able to kill someone just because they refused to play heads or tails while they were in a perfectly fine position not to do so and with no instructions or reasonable orders having been issued. If you want to do something similar in the future, ensure that you do so in a mugging area, make sure that you issue clear commands and hold the person in a position where they have no other option than to comply (under gun-point, zip-tied, etc), and be sure that the heads or tails flip is for their items, not for their life, as that would also be a rule-break.

We will amend the ban from the current reason to 2.5, 2.8, 5.1 - User made very inappropriate sexual comments to another user. After that, he shot the person in a non-mugging area because they failed to pick between heads or tails. The user's intent was to put the loot up to a coin flip, but at no point did he issue any commands nor gun-point the individual, making it impossible for them to know.

Reviewed with @Kalli, @DemonZ, and @jams.