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by Lazare
3713 days ago
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Essentially yes. Rape is not a "strict liability" crime, which means that intent is an element of the crime. By definition, "the perspective of the alleged perpetrator" is a key element of the crime, just as it is with murder, assault, robbery, and a host of other crimes. You can't just say "Alice killed Bob, Alice is a murderer!", you have to stop and ask what Alice was thinking or intending. It might not even be a crime, it might be negligence, manslaughter, etc. (Well, sort of. Technically it's the perspective of "reasonable person" in the alleged perpetrator's position, which is a well-defined legal fiction. As Wikipedia notes correctly but unhelpfully, "the 'reasonable person' is not an average person or a typical person".) The author is correct: Rape cases, by their nature, do tend to revolve around discussions of what the accused reasonably believed about the other parties consent. The mistake is in suggesting that there's anything we could (or should) do to change it. |
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