Unformatted text preview: considered an unconscious act? Rule: Subdivision 4- rape “where a person is at the time unconscious of the nature of the act, and this is known to the accused.” Rational: A person does not need to be physically or totally unconscious to be “unconscious” of the nature of the act. But the victim had known it involved intercourse with a penis, not other things like a medical instrument. Holding: No, the victim knew a penis was the instrument used in the act. Also, she could not claim that she was mentally retard to the extent that she did not know the nature of the sex act in which she engaged. She was only motivated by fear of disease, and death, succumbed to the defendants fraudulent blandishments. Synthesis: Dissent/Concurrences: Holmdahl, Associate Justice, dissent. He believes consent should have played a part on the subdivision 4 rape....
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- Spring '11
- Infectious Disease, English-language films, Sexual intercourse, Mental retardation, blood test results, expensive medical procedure