What is it?
What should it be?
Mens Rea of Rape Forum
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snotrocket
- Posts: 330
- Joined: Sun Apr 06, 2008 3:13 am
Re: Mens Rea of Rape
I'm not sure that I want to know why you're asking this.
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reverendt
- Posts: 499
- Joined: Mon Sep 10, 2007 10:56 am
Re: Mens Rea of Rape
Generally a recklessness standard (the mpc's suggestion) applies.
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bigben
- Posts: 703
- Joined: Sat Sep 29, 2007 2:44 pm
Re: Mens Rea of Rape
Strict liability for under 10 I think.
should be more like 14.
should be more like 14.
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Reznik
- Posts: 5
- Joined: Sat Sep 22, 2007 1:04 am
Re: Mens Rea of Rape
Common Law
A defendant is guilty of rape if he possessed a morally blameworthy state of mind regarding the female's lack of consent.
MPC
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.
A defendant is guilty of rape if he possessed a morally blameworthy state of mind regarding the female's lack of consent.
MPC
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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ToTransferOrNot
- Posts: 1923
- Joined: Thu Jan 22, 2009 12:45 am
Re: Mens Rea of Rape
People have crim law classes that care about common law?
Weird.
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.
Weird.
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.
