- Joined
- Jun 21, 2014
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- 1,448
My first thought was that she and Rath were already fooling around, they both go off to get reacquainted quickly, but hubby was suspicious of both being gone and so follows up on something he doesn’t want to see.
But it is possible that it was something hubby did want to see until he didn’t, like maybe Rath’s wife wasn’t really into the swap, so her husband was a third wheel in what wasn’t intended to be that kind of party that night.
Either way I suspect that one truth in this story is that Rath was probably pretty freaked up.
I don't know that saying you don't remember necessarily means you admit guilt. But may point more to intent or lack of as has been pointed out. As in if he did. But there is wear things get blurry for me anyway.I hope if that was the case Rath's defense team would not admit the deed was done, but Rath was just not himself, in fact, had absolutely no recollection of it because of the combination of alcohol and medication.
But there is wear things get blurry for me anyway.
If that works, then nobody can be held responsible for anything they do as long as they had had a few beers and some Nyquil. How is drunk driving even a crime if drugs and alcohol are an excuse for breaking the law?https://www.vcstar.com/story/news/l...s-during-his-sexual-battery-trial/1708036001/
So it was the, it wasn’t me but if it was then I didn’t have the intent, defense.
Should be a not guilty unless there is more evidence than her testimony.
If that works, then nobody can be held responsible for anything they do as long as they had had a few beers and some Nyquil. How is drunk driving even a crime if drugs and alcohol are an excuse for breaking the law?
Are you a lawyer?Again, there are different types of crimes. 99% of crimes are general intent crimes - and voluntary intoxication is not a defense to those crimes. Rath is charged with the 1%, specific intent crimes. For specific intent crimes, the reason why you do something is one of the elements of the crime and for those, being wasted is a defense.
The most obvious example is first degree murder. The difference between first degree and second degree is that specific intent - cold, calculated. Killing someone in a drunken rage is second degree. Planning it, thinking about it, making a decision to do it and then having time to cool down still go thru with it, that’s first degree.
First degree - specific intent
Second degree - general intent.
Make sense?
OK, cool. In your example, someone who did not plan a crime but still committed a crime while impaired would likely be guilty of a lesser charge. Seems like this is what could ultimately happen with Rath, or is this an all-or-nothing charge of sexual battery that includes intent?Yes.
OK, cool. In your example, someone who did not plan a crime but still committed a crime while impaired would likely be guilty of a lesser charge. Seems like this is what could ultimately happen with Rath, or is this an all-or-nothing charge of sexual battery that includes intent?