LAW 140 Chapter Notes - Chapter Death Penalty: Mens Rea
Document Summary
Traditional law of rape: successful prosecution for rape requires proof that the female did not consent to the intercourse and that the sexual intercourse was secured by force a. i. Where there is lack of consent, but no showing of force, a forcible rape conviction is inappropriate: repealed wisconsin statute: b. i. Any male who has sexual intercourse with a female he knows is not his wife, by force an against her will, may be imprisoned not more than 30 years b. ii. Gender specific can only rape women c. ii. Focus on victim required utmost resistance unless deadly force employed c. iii. Spousal exclusion impossible to rape wife c. iv. Single grade offense severe penalties: didn"t want to enforce c. vi. Corroboration of victim"s testimony necessary jury instructed to distrust v"s testimony (rape is an accusation easily made) c. vii. Considerations: force an element, consent an element? b. i. Ny (non consent must be shown: minimum mens rea w/r/t consent c. i.
