PHIL 102 Lecture Notes - Lecture 9: Mens Rea, Extortion, Susan Estrich
9 Aug 2016
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To have aggravated rape you need to achieve penetration. Estrich says men"s view consent not the issue of force is the issue, Estrich objects because she believes should have been found guilty. State vs rusk: calcic rape pick up girl from bar took keys from beer, choked her told wouldn"t kill, asked to see her again therefore there was no men"s real so no rape. Victim harming but they truly a victim if they don"t walk away. Women says should have known i wanted nothing to happen: men"s point of view with force is in school boy terms aka no force unless the women pushes back absolute unambiguously. Defeat men"s rea by showing them was no intent. Kurt fisher: meets girl and has consensual rough sex. Girl held her down with arms over her head: sufficient force so that wrists were abraded (takes a huge amount of force. Defense argues no mens rea: 1st encounter set the contest.
