laseter - LASETER PROSECUTION MEMO I PRIMARY CASE IN...

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L ASETER P ROSECUTION M EMO I. P RIMARY C ASE IN S ECTION : L ASETER Key Facts: Key Facts Actu s reus Mens rea Significance 1. Laseter goes to local bar “just to have some fun” Defense: - Didn’t begin the night with intent to engage in intercourse/sexual contact - Not necessarily trying to pick up a girl Prosecution: - Quite possible that this “fun” entailed sexual intercourse - Even if he had no predetermined plan to have sexual contact, Laseter certainly wasn’t opposed to sexual contact with LP when the opportunity presented itself 2. Many military personnel are homesick and depressed Prosecution: - Shows his distressed state of mind - Laseter was clearly lonely and yearning for some intimacy with a woman - His depression could have easily provoked his negligence in taking advantage of LP in her vulnerable state 3. Alaska’s bleak climate, severe cold of Alaskan winter nights (even in April) Defense: - Shows that Laseter had genuine care and an honorable intention in preventing LP from leaving his car in her state - He did not want her to walk blindly into the cold night by herself with no protection 4. Laseter buys LP numerous drinks, followed by a game of pool 5. LP declines invitation to go to another bar with Laseter, but later meets up with him 6. They talk for hours until the early morning hours 7. Laseter offers a ride home, which LP turns down, but later (in parking lot), he asks again, and LP accepts. Defense: - LP shows interest in Laseter, otherwise she would not have spent so much time with him and accept alcoholic beverages (even though she knew she was pregnant) - LP also shows that she trusts Laseter by accepting a ride with him even though she knows she is drunk and knows that she has a problem of blacking out. - Though her conduct is not on trial, she should not have put herself in this position (in a car with a strange man) - Laseter has no other intention but to converse with LP to get over his loneliness and to get her back home safely. Prosecution: - Laseter need not have any intention of sexual contact hours before he commits the act. He need only have intent during the act itself, which is the case here. - Regardless of whether or not his initial intentions were honorable, his I - ntention when he kissed and removed the clothes of a drunk and blacked out LP was not honorable. - In addition, LP’s actions are not on trial. 1
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Key Facts Actu s reus Mens rea Significance Regardless of her misjudgment in drinking and getting into a car with Laseter, it does not make her “fair game” for sexual assault. 8. While waiting for the tow truck, Laseter kisses LP, and he believes that she responds positively. Defense: - Laseter believes the kiss to be consensual even though initially he thinks that he does not know where she is. -
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This note was uploaded on 03/10/2008 for the course CORE 910 taught by Professor Groome,dermot during the Fall '06 term at Penn State.

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laseter - LASETER PROSECUTION MEMO I PRIMARY CASE IN...

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