PHIL 102 Lecture Notes - Lecture 56: Convulsion, Get Physical Music, Mens Rea

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Commonwealth vs Minarich
Acquaintance sex/date rape
oWhat is the morally best standard local consent in non-aggravates sexually intercoms?
oNot talking about aggravated rape
With aggravated rape historically components are not questioned
Requires actus rea (prohibited conduct)
Historically man doing penetrating
Victim most have been women heterosexual
Penetration needed by a man
oMaternal exception
Not rape if the woman is your wife
Sex must be by force (physical force or credible threat thereof)
Sex must be against her will
oMens rea -> guilty mined = criminal intent
Consent is an absolute defense to a rape charge
People wouldn’t be charged with rape unless women fought off with the utmost
Corroboration requirement
Cant convict a guy without someone seeing or hearing the rape
oActus rea alone pretty much settees it
Sufficient condition for a conviction
Makes debate about men’s rea unnecessary
What happens when you take by force actus rea to sufficient to rule out men’s rea
oWhat is consent and force
Not simply whether she does or doesn’t concern it’s about if they have mens
rea or not
oGet physical force condition away then have to differentiate between rape and
seduction
Problem is with congregated sexual count
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