4 ms·

So, you are saying that while watering my lawn if I feel deep in my heart I'm committing a crime then I am, in fact, committing a crime? Plus your stabbing exa

by talmand 11y ago

So, you are saying that while watering my lawn if I feel deep in my heart I'm committing a crime then I am, in fact, committing a crime? Plus your stabbing example doesn't explain anything since you would have indeed physically harmed someone which is against the law in most jurisdictions. Considering your rape/not-rape example, a better example is that you would be arrested for thinking about stabbing someone in the arm as you are placing your hand on that arm. If I were on the jury for either of these examples, supposed victim says no crime committed and the only evidence is the accusation from the state? There's no way you could convince me to vote to convict.

afarrell 11y ago
No, you need two things: the intent* and the act. If the act of watering your lawn isn't an element of any crime, then you're fine. If the victim says that the accused did X, Y, and then Z, that is a statement of fact about what happened. If the victim then says that he doesn't think that X, Y, and Z constitute a crime, that is a statement about the law..which might just be incorrect. * except for strict liability crimes like speeding
- thekingofspain 11y ago
  The thing about rape is that the intent and the act are very much intertwined with the victim's feelings of it. If the victim does not appreciate whatever is going on, the onus is on the perpetrator to realize that and stop. Failure to do so is "the act" and the intent is.. well, the state of mind where you do not choose to find out/acquiesce to the other person's desires. However, if the "victim" says there was no rape, and has never said so, then the whole premise, including both the intent and the act, is unseated. Disclaimer: I am no lawyer, and do not know much about this specific case. These are just my intuitions about rape laws. I also believe that if the laws, in fact, are much different from these ideas in spirit, they are SORELY off-base.
  - CHY872 11y ago
    In this case, the alleged victim when interviewed described events that could certainly constitute rape - for example waking up and finding Assange having unprotected sex with her.
- talmand 11y ago
  I understand what you are saying. I am simply saying that in a criminal case if the only evidence presented is the accusation of the prosecution, especially if the supposed victim proclaims they are not a victim of the alleged crime, then I will find it hard to convict if I'm on that jury. Regardless of what the law says or the alleged intent of the accused. In cases that any law can provide a conviction with no evidence other than an accusation from the state then that's an extremely bad law and should be stricken.

by talmand 11y ago

afarrell 11y ago

No, you need two things: the intent* and the act. If the act of watering your lawn isn't an element of any crime, then you're fine. If the victim says that the accused did X, Y, and then Z, that is a statement of fact about what happened. If the victim then says that he doesn't think that X, Y, and Z constitute a crime, that is a statement about the law..which might just be incorrect. * except for strict liability crimes like speeding

thekingofspain 11y ago
The thing about rape is that the intent and the act are very much intertwined with the victim's feelings of it. If the victim does not appreciate whatever is going on, the onus is on the perpetrator to realize that and stop. Failure to do so is "the act" and the intent is.. well, the state of mind where you do not choose to find out/acquiesce to the other person's desires. However, if the "victim" says there was no rape, and has never said so, then the whole premise, including both the intent and the act, is unseated. Disclaimer: I am no lawyer, and do not know much about this specific case. These are just my intuitions about rape laws. I also believe that if the laws, in fact, are much different from these ideas in spirit, they are SORELY off-base.
- CHY872 11y ago
  In this case, the alleged victim when interviewed described events that could certainly constitute rape - for example waking up and finding Assange having unprotected sex with her.
talmand 11y ago
I understand what you are saying. I am simply saying that in a criminal case if the only evidence presented is the accusation of the prosecution, especially if the supposed victim proclaims they are not a victim of the alleged crime, then I will find it hard to convict if I'm on that jury. Regardless of what the law says or the alleged intent of the accused. In cases that any law can provide a conviction with no evidence other than an accusation from the state then that's an extremely bad law and should be stricken.