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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?

To: E who wrote (35490)	4/20/1999 11:23:00 AM
From: Ilaine	Read Replies (1) \| Respond to of 108807

Oh, rats. If you are taking the position that what you said never changed, only what I said, then I guess I'll have to go back and exhume what you actually said, then. Maybe. Or I could just plant tomatoes. ********** Insanity defense as defense for rape, I think not, because rape is a volitional act. For an act to be a crime, it requires mens rea - criminal intent - and actus reus - criminal act. Insanity defense means no mens rea. Issue is whether the perp understands the consequences of his actions. I would have to run a WestLaw search to make sure, or take a trip to the law library. Lay people sometimes get confused by the fact that sometimes people are so insane that they can't be tried because they can't assist with their defense at trial, which isn't the same thing as being found not guilty by reason of insanity. These people may be incarcerated anyway, as a threat to society, until and unless they regain sanity, in which case they may be prosecuted.