« ALEA Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next

Re: Rape and mens rea

By: Cactus Flower in ALEA | Recommend this post (0)
Thu, 30 Aug 12 3:46 AM | 64 view(s)
Boardmark this board | The Trust Matrix
Msg. 09683 of 54959
(This msg. is a reply to 09682 by DigSpace)

Jump:
Jump to board:
Jump to msg. #

Hi dig,

What concerns me with your lean is not the angle but the implication.

I want lawyers out of the bedroom as far as possible. Regular sex should be a normal thing. Not a thing requiring a signed agreement, if one is alert to the risks. Rape can come to define the conditions of legal intercourse. I think the sphere of freedom also requires protection.

There has to be intent to commit a crime. That is an important foundation of the law, isn't it?



- - - - -
View Replies (1) »



» You can also:
- - - - -
The above is a reply to the following message:
Re: Rape and mens rea
By: DigSpace
in ALEA
Thu, 30 Aug 12 2:21 AM
Msg. 09682 of 54959

You comments are sensible. You will forgive me if my knee jerk reaction is and likely always will be to disproportional protect the woman.

I think that no amount of this or that will change certain physical facts, and in the face of those facts we require bias ... significant judicial bias.

I believe significant judicial bias to be well considered.

I believe that in the face of broad real historical circumstances in the US, that certain quotas are required, some based on race.

In both of these I expect push-back. On both of these I may be wrong (either in desired effect or otherwise). In both I fully recognize that in some applications error will fall wrongfully on the innocent.

As a matter of government, the administration of large populations, on these few matters I am inclined to accept error. On other matters, I am inclined to allow the 10th to take over, this is my business, you go away.



« ALEA Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next