May 8, 201015 yr Guilty mind. Basically you knew what you were doing was wrong and did it anyways. The origins of criminal law required a actus reus (guilty act) and mens rea (guilty mind), without both you were not guilty. Statutory crimes take away the "guilty mind" part. They originated with small things like parking tickets, etc. The fact I thought I was legally parked, doesnt make a difference, its just whether or not it was illegal. Statutory laws have been expanding and it makes it so situations where some one had no idea they were doing something wrong can be found guilty.
May 8, 201015 yr In this case, paying for a prostitute would be mens rea, but statutory rape would not be, correct?
May 8, 201015 yr QUOTE (witesoxfan @ May 7, 2010 -> 11:00 PM) In this case, paying for a prostitute would be mens rea, but statutory rape would not be, correct? The statutory rape charge would not be unless he knew her age.
May 8, 201015 yr QUOTE (KyYlE23 @ May 7, 2010 -> 02:56 PM) LT will probably get off with just being busted with patronizing a prostitute if he can prove she told him she was 19. The pimp is going to be the one that is going to have the whammy come down. It doesn't matter if she told him she was 19 or if she looked like she was 40 or had a fake ID saying she was 23, if she is 16 and LT had sex with her, he's guilty. Now all the other stuff may help him with his punishment, but this is a guy with a bad history. I think he'll do some time.
May 8, 201015 yr QUOTE (Dick Allen @ May 7, 2010 -> 11:18 PM) It doesn't matter if she told him she was 19 or if she looked like she was 40 or had a fake ID saying she was 23, if she is 16 and LT had sex with her, he's guilty. Now all the other stuff may help him with his punishment, but this is a guy with a bad history. I think he'll do some time. Plus, I'm pretty damn sure that prostitution itself is illegal in New York. He committed a crime either way, so f*** him.
May 8, 201015 yr QUOTE (Milkman delivers @ May 8, 2010 -> 03:21 PM) Plus, I'm pretty damn sure that prostitution itself is illegal in New York. He committed a crime either way, so f*** him. That's all he wanted in the first place!
May 8, 201015 yr QUOTE (witesoxfan @ May 8, 2010 -> 12:00 AM) In this case, paying for a prostitute would be mens rea, but statutory rape would not be, correct? To clarify, paying for a prostitute is evidence of requisite mens rea for the crime of soliciting a prostitute. Statutory rape has no mens rea requirement. It is strict liability.
May 8, 201015 yr QUOTE (Soxbadger @ May 7, 2010 -> 10:32 PM) Guilty mind. Basically you knew what you were doing was wrong and did it anyways. The origins of criminal law required a actus reus (guilty act) and mens rea (guilty mind), without both you were not guilty. Statutory crimes take away the "guilty mind" part. They originated with small things like parking tickets, etc. The fact I thought I was legally parked, doesnt make a difference, its just whether or not it was illegal. Statutory laws have been expanding and it makes it so situations where some one had no idea they were doing something wrong can be found guilty. Biggest problem in statutory rape cases is that you are dealing with a young victim and it is easier not to have them on the stand if not necessary. However, the Model Penal code, and I think a couple states, permits a defense of "a reasonable mistake of age."
May 9, 201015 yr QUOTE (Milkman delivers @ May 8, 2010 -> 04:21 PM) Plus, I'm pretty damn sure that prostitution itself is illegal in New York. He committed a crime either way, so f*** him. The rape sentence is a 4 year max, the prostitution is 1 year max, IIRC.
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