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Re: Rape and mens rea

By: DigSpace in ALEA | Recommend this post (0)
Thu, 30 Aug 12 4:17 AM | 237 view(s)
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Msg. 09684 of 54959
(This msg. is a reply to 09683 by Cactus Flower)

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Alea, perhaps it is matter of our perceptions of the rapist demographic.

You have mentioned the predator crawling in the window. Acknowledged, I have them a 1% of the demographic. You have mentioned the person, some bloke in England who in the midst of consensual relations was told to pull out and didn't. I assign that the other 1%. One is the vicious predator, the other perhaps a victim themself.

Structure for me is the 98%, juries are for the fringes.

I cannot accept your more sensible structure, not for now. Call back in 2030.



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The above is a reply to the following message:
Re: Rape and mens rea
By: Cactus Flower
in ALEA
Thu, 30 Aug 12 3:46 AM
Msg. 09683 of 54959

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?



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