PHIL 102 Lecture Notes - Lecture 9: Mens Rea, Extortion, Susan Estrich

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Susan Estrich
State vs Alston
oWomen has relationship with man, man forces her to come with him brings her into a
house they have had sex before in.
oMan proceeds to leave the room to talk to another man then comes back undresses the
girl and penetrates her
oThe girl puts up no physical force but has asserted her unwillingness to engage in the
behavior
oProblem with rape law is that its form the men’s perspective
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
Women point of view non consensual
Women coerced
Women is scared
State vs Rusk
oCalcic rape pick up girl from bar took keys from beer
oChoked her told wouldn’t kill
oAsked to see her again therefore there was no men’s real so no rape
This is from men’s point of view
Victim harming but they truly a victim if they don’t walk away
Women says should have known I wanted nothing to happen
oMen’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
oMeets girl and has consensual rough sex
Imitated sexual encounter later that day
Got aggressive with her
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