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Re: man uses small penis as rape defense. -
August 18th 2012, 12:11 PM
Yeah, what I mean is that for someone to be convicted, the Crown (Prosecution team) has to prove "beyond reasonable doubt" that a crime actually occured and the accused committed the crime (Actus Reus) and also that the accused had the intention to committ a crime and was mentally responsible for his actions (Mens Rea).
In most cases Actus Reus and Mens Rea BOTH have to be there. They mean "the guilty act" and "the guilty mind".
So for example, a murder by a schizophrenic man. Actus Reus may have been there but Mens Rea isn't and so the guy walks free and gets mandatory psychiatric and psychological treatment.
Rape requires penetration? Really? I didn't know that. Oh, then in that case, I guess that is a pretty valid defence haha, even in Australia.
Carry on.............
LOL.
“At times the world may seem an unfriendly and sinister place,
But believe that there is much more good in it than bad.
All you have to do is look hard enough,
And what might seem to be a series of unfortunate events may in fact be the first steps of a journey.”
~My Childhood Friend.
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