3rd degree Rape is a felony in the if: (a) he compels her to submit by any threat that would prevent resistance by a women of ordinary resolution (b) he knows she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct b. Rape Mens Rea Most common standard = negligence Mistake of Fact: can make defense of honest and reasonable mistake. Negligence standard: if reasonably believed that there was consent, can put that to a jury. Force has been redefined over the years—most states have least negligence” standard—allows “at defense of reasonable and honest mistake to be raised Most common form of resistance is verbal Differences in Statutes: Only 15 states have eliminated the marital exemption for rape, some states treat marital rape as a less serious crime and some extend the exemption to couples living together. Rape shield laws are information shields for victims—balancing process. History of victim generally allowed in; not However, past relationship with defendant is allowed in History of defendant generally: if there’s a signature element/pattern—can usually bring it in. But just to show propensity (he’s been charged or even convicted before), most jurisdictions wouldn’t let it in, b/c want jury to only focus on this specific incident. But if accused testifies, then can bring it in. Policy: Consider rights of victims/complainant v. rights of accused Issues of victim’s mental state/actions—difficult or impossible to totally remove victim from determination Changes to conception of rape law and proof standards (elimination of corroboration, resistance requirement) 8. SEE CHEAT SHEET Possible of Homicide If evidence shows… Evidence Showing Premeditation and deliberation (remember Intentional Killing 1 murder also felony murder)
Rape is a felony in the 3rd degree if: (a) he compels her to submit by any threat that would prevent resistance by a women of ordinary resolution (b) he knows she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct b. Rape Mens Rea Most common standard = negligence Mistake of Fact: can make defense of honest and reasonable mistake. Negligence standard: if reasonably believed that there was consent, can put that to a jury. Force has been redefined over the years—most states have “at least negligence” standard—allows defense of reasonable and honest mistake to be raised Most common form of resistance is verbal Differences in Statutes: Only 15 states have eliminated the marital exemption for rape, some states treat marital rape as a less serious crime and some extend the exemption to couples living together. Rape shield laws are information shields for victims—balancing process. History of victim generally not allowed in; However, past relationship with defendant is allowed in History of defendant generally: if there’s a signature element/pattern—can usually bring it in. But just to show propensity (he’s been charged or even convicted before), most jurisdictions wouldn’t let it in, b/c want jury to only focus on this specific incident. But if accused testifies, then can bring it in. Policy: Consider rights of victims/complainant v. rights of accused Issues of victim’s mental state/actions—difficult or impossible to totally remove victim from determination Changes to conception of rape law and proof standards (elimination of corroboration, resistance requirement) 8. SEE CHEAT SHEET Evidence Showing Possible of Homicide If evidence shows… Intentional Killing 1 murder Premeditation and deliberation (remember also felony murder)
Taylor_Thompson_Crim_Outline._APD_Spring_2011.docx