Unformatted text preview: Was it a defense, against rape, that the 3 men though they had the consent of the wife, but in reality, they didn’t. Holding: No, because Rule: People should not be convicted (to the full extent of the crime) when they do not have the Mens Rae of doing such crimes. (does not apply to strict liability crimes). Rational: It is unreasonable to convict someone of a crime if they honestly believe that a fact was true, even though it wasn’t. They did not have the Mens rea of the evil intent. Synthesis: Dissent/Concurrences: Lord Simon Concern is that the policy of the law in this case seems off because it does not hold a fair balance between victim and accused....
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- Spring '11
- criminal law, Wife, Strict Liability Crimes, Mens Rae, Lord Simon Concern