PHIL 259 Lecture Notes - Lecture 8: Aggravated Sexual Assault, Assault, Sexual Assault
10 Feb 2018
School
Department
Course
Professor
Document Summary
Lecture 8: feb 6: reading: louis pineau, date rape: a feminist analysis law and. 217-243: date rape: nonaggravated sexual assault, non-consensual sex that does not involve physical injury, or the explicit threat of physical injury. If a man is to be convicted, it does not suffice to establish that the actus reas was non-consensual. To be guilty of sexual assault, a man must have the requisite of mens rea (he must either have believed that his victim did not consent or that she was probably not consenting) Dilemma: accused can say he firmly believed victim consented (despite seeing her protest vigorously = morgan vs. morgan case: morgan vs. morgan case: 4 men were acquitted of rape because they. If his belief is reasonable = court will believe the sincerity of his belief = evidence that consent took place. Dating situations: men thinks it is rightly his since they are dating.
