1 leaglecom2017 other cases that have similar rulings

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capacity to consent to the sexual act.1” (Leagle.com,2017) Other cases that have similar rulings and instructions are State v. Koperski 254 Neb. 624, 578 N.W.2d 837(1998), “the Koperski decision illustrates how the goal of reformers was not so much to purge the entire concept of consent from the law as to eliminate the burden that had been placed on victims to prove they had not consented.” (Weaver,Burkoff & hancock,2014,pg.517)The prosecution can instruction the jury as they intended to apply the law of rape as establishedand guided by the state of South Carolina, to determine whether the victim Igna was able to giveconsent to have sexual intercourse due to her level of intoxication.The defense should only utilize the subjective knowledge into their, questionnaire andarguments, however the defense of being unaware is merely irrelevant to the charges as anelement to prove innocence. The defense can use a raise a new stand that the victim gaveconsent, which came from the gesture of Igna rolling onto Derk that night and stating the shewanted to have intercourse.
Conclusion:The court should instruct the jury to take the law as it set fourth and the requirements listed to validate a rape and apply them to the facts of the case. The only instructions given should determine whether the victim was intoxicated enough to give consent or not, the elements of whether the defendant was aware is subjective knowledge and not relevant to the case at hand. References:Leagle.com, State v. Jones 804 N.W.2d 409 (2011)2011 S.D. 60, (2017), Dressler,J., Understanding Criminal law: Seventh edition, (2015), LexisNexisWeaver, R.L., Burkoff, J.M. & Hancock, C., Criminal law: a contemporary approach second edition, (2014) West Academic

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