[fleitz]

The guilty mind (mens rea) does have bearing on sentencing and the types of charge. For instance if you intend to kill someone it's a different charge than if you accidentally killed someone, and if it couldn't have been foreseen that the actions would kill someone then there is generally no crime at all.

[reso]

This is very true. Many activists actually want to open up less-harsh sentencing or charge options in sexual assault cases to give prosecutors and juries more ways to treat the specifics of each case.