When determining the culpability of an offender, what is your opinion on statutory rape?
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When determining the culpability of an offender, what is your opinion on statutory rape?
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It is a fundamental principle of criminal law that a criminal offense requires a criminal intent that concurs with a criminal act. The requirement of a mens rea, or the mental element of a criminal act, is based on the concept of "moral blameworthiness." The notion of blameworthiness, in turn, reflects the notion that individuals should only be subject to criminal punishment and held accountable when they consciously choose to commit a crime or to create a high risk of harm or injury. This is what my question is based on. Here is the question in more detail. (Having reviewed the importance of mens rea when determining the culpability of an offender, what is your opinion on statutory rape? What is the distinguishing element of this offense and what are some of the issues that can occur?)
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Jeff M
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There is more to it than just the mens rea. There is also the actus reus. This can be an act of commission, omission, or possession. Clearly statutory rape is an act. Rape is an act. There must be an actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged (concurrence). The issue is establishing the mens rea of the offender, but, the act can shed light on the mind of the offender. |
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henny455
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Well.The main factors that will be under scrutiny are how close the minor is to the age of consent.How old is the alleged perp.How many years are there between their ages.Was it consensual.Was it forced.Did the victim lead the perp on.How violent was the attack.And the one the alleged perp better worry about most.Where is the victim's daddy!!!!!!!! |
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Kirby
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That needs to be rewritten so average American can understand it. |
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