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lebomedved
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The common law allowed the actor to use good faith mistake of fact to negate culpability of the specific intent element of a specific intent crime, e.g., larceny, burglary, based on either an unreasonable or reasonable mistake of fact; but, a good faith mistake of fact had to be reasonable to negate culpability for the general intent aspect of so-called general intent crimes, e.g., battery, rape.
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?
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That is one sick question. |
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leonhardja
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That all depends. How would you react if I broke into your house with a ski mask and raped you? Still a crime right? |
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wartz
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You need to start taking your meds again. |
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Dónde Están
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He would be prosecuted for rape, convicted, and sentenced. |
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Oh no!
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I'm afraid he would still be charged with rape and prison would be inevitable. |
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Earl Farqhuar Finlay Farqhuarson
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a ludicrous question, but from a legal standpoint, it would absolutely not be used as a defence as judge and jury would laugh it out. |
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GAVIN E
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It would still be classed as rape. Should the 'victim' report this to the police, then he would be in serious trouble, even though he only wanted to act out a fantasy. |
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tigi
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I presume this is a hypothetical question, or are you considering doing this and wondering if this explanation would let you get away with it if caught.
I can assure you that raping a woman, for whatever reason will land you in jail. No jury is likly to believe you, but even if you produced the online woman to validate your story, you would still be convicted, because at the end of the day, for whatever reason, you raped a woman. |
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satcomgrunt
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he is still going to be charged with rape. The definition of rape is the the carnal knowledge of a female by force against her against her will. He is also going to be charged with a burglary which is the breaking and entering of a dwelling of another to commit a felony, and breaking and entering. Even if the DA decided to plea this mans case down he is going to be going to prison for a long long time.
His defense is a non defense. He is admitting to both parts of the crime, the mens rea component and the actus reus component. |
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Isobel's mummy
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That's sick! He should go to prison for a very long time! And what the hell are you asking a question like that for? Unless you are a student studying for a situation in law or something i dont see how this question is appropriate |
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king_of_mercia_(aka darkness)
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* noise of police car sirens drawing closer towards your household *
sorry, you left me no choice - I had to man.
p.s im just kidding.
I'd say that guy would get screwed over big time - during the 'fantasy' he'd be enacting surely there'd be some subtle hints that this was the wrong address ? besides what a horrible scenario...do you think this way ?? |
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steve h
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You are a sick little bugger, i would hope the person lived in a very conservative country that still had the death sentence. |
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Very Rude Man
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Wayne Kerr by name, Wayne Kerr by nature. |
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Un Taro
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plenty |
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wanttoknow
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Minimum ten year with some reduction if you plead guilty none if you plead not guilty you would be on a special wing, not much fun. Poor Girl |
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PXnditX
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well actually
whether he raped the "right" woman or not
it is still considered
rape
its like if i said
"dang i hate this guy
i'm gonna kill him"
so i go to this guys house and shoot him
only to find out
i killed the wrong guy
guess what
i not only killed someone
so i'd get charged for murder
but i ment to kill someone else
so i can also be charged for attempted murder
on top of the murder of the guy i "accedentally" killed
omgosh
its so obvious what u can get charged with
its almost stupid
u make me mad
why are u so stupid
no,
i didnt mean that
well actually i did
but i mean
c'mon
dont be dumb
L=/
fer all of us really |
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Auld Git
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No such thing as accidental rape, what a stupid thing to say. I hope you get life if it is you. |
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