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- Xref: sparky alt.feminism:6650 misc.legal:21860
- Path: sparky!uunet!gatech!concert!rutgers!cmcl2!panix!lkk
- From: lkk@panix.com (Larry Kolodney)
- Newsgroups: alt.feminism,misc.legal
- Subject: Re: Retardation and Rape (was: Re: Mysogynist Bullshit)
- Message-ID: <1992Dec31.020339.25472@panix.com>
- Date: 31 Dec 92 02:03:39 GMT
- References: <1992Dec27.183632.9369@zooid.guild.org> <Bzxpq3.Fw7@news.cso.uiuc.edu> <1992Dec27.235337.25000@panix.com> <Bzy3Gv.7vH@world.std.com> <1992Dec29.021854.28426@panix.com> <C02ssH.C6A@world.std.com>
- Organization: The Devil's Advocate
- Lines: 33
-
- In <C02ssH.C6A@world.std.com> srm@world.std.com (Stevens R Miller) writes:
-
- >lkk@panix.com (Larry Kolodney) writes:
-
- >>In <Bzy3Gv.7vH@world.std.com> srm@world.std.com (Stevens R Miller) writes:
-
- >>>Similarly, a person who is mentally defective
- >>>(defined: "...suffers from a mental disease or defect which renders
- >>>him incapable of appraising the nature of his conduct" PL 130) also
- >>>cannot legally give consent.
-
- >>But if the Glen Ridge defendants were convicted SOLELY on the basis
- >>that the victim was retarded, they would only be guilty of statutory
- >>rape, and would (I suspect) face a significantly lighter sentence.
- >>You'd have to show actual lack of consent for a regular rape charge to
- >>stick.
-
- >Incorrect. PL 130.05(3)(b) makes mental incapacity the legal
- >equivalent of actual lack of consent. From that point on, the
- >charge of rape is treated identically with any other. (As it should
- >be, IMHO).
-
- The Glen Ridge case is being tried under NJ law, so PL 130 (NY Law) is
- irrelevant. I don't have the NJ law in front of me, but the Model
- Penal Code appears to distinguish between "rape" and "gross sexual
- imposition" which is a lesser offense and which includes having sex
- with a person incapable of giving consent.
-
-
- --
- larry kolodney:(lkk@panix.com)
- _(*#&)#*&%)@(*^%_!*&%^!)*+!*&$+!?&%+!*&^_)*%)*&^%#+&
- The past is not dead, it's not even past. - Wm. Faulkner
-