CRM 2300 Lecture 11: Lect. 11 - Individual versus Group Rights

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In the pappajohn case, the judge decides that the mens rea is knowledge meaning that he must know all the elements of the actus reus. He knows that they are having sex, she is a women, and they are not married, but he did not know that she was not consenting to the sex. A subjective test is used in this it does not matter what a reasonable person would have thought in that situation, what matters is what he thought. Due to the fact that it is subjective, an unreasonable mistake of fact, if honestly held, means that there is no mens rea (he did not have knowledge). This case was controversial because the conviction of rape was based on whether he knew she was consenting or not. This conflicts with the liberal principles that seek to protect the accused in support of protecting women and their equality, and their right to be recognized as victims.

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