Mens Rea of Rape

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Mens Rea of Rape

Postby LoseItToMe » Sun Jan 25, 2009 8:48 pm

What is it?

What should it be?


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Re: Mens Rea of Rape

Postby snotrocket » Sun Jan 25, 2009 8:51 pm

I'm not sure that I want to know why you're asking this.

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Re: Mens Rea of Rape

Postby Whitty » Sun Jan 25, 2009 8:53 pm





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Re: Mens Rea of Rape

Postby reverendt » Sun Jan 25, 2009 8:53 pm

Generally a recklessness standard (the mpc's suggestion) applies.


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Re: Mens Rea of Rape

Postby bigben » Sun Jan 25, 2009 9:16 pm

Strict liability for under 10 I think.

should be more like 14.

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Re: Mens Rea of Rape

Postby Reznik » Sun Jan 25, 2009 10:28 pm

Common Law
A defendant is guilty of rape if he possessed a morally blameworthy state of mind regarding the female's lack of consent.

A man is guilty of rape if acting purposely, knowingly, or recklessly with a female less than 10 yrs of age, an unconscious female, force or threats, or drugs or intoxicants.
The MPC does not recognize statutory rape because it does not recognize any strict liability crimes. It does punish a man with a female less than 10 years of age if he knew or should have known the female's age.


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Re: Mens Rea of Rape

Postby ToTransferOrNot » Mon Jan 26, 2009 6:41 pm

People have crim law classes that care about common law?


Anyway... it all depends on the statute you're dealing with. For some state statutes, all forms of rape are a strict liability offense as to the mental state of the offendor, focusing on a determination of whether or not there were words or actions taken by the victim to demonstrate a lack of consent in fact. Some states take the MPC approach (though most also include some kind of statutory rape statute- though many of them include a +/- age differential exception... but knowledge of the differential is generally irrelevant.)

Rape laws are pretty much a freaking mess across the board.

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