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Author Topic: Commonwealth v Sherry = Negligence standard to consent?  (Read 552 times)

TimBeConfused

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Commonwealth v Sherry = Negligence standard to consent?
« on: December 17, 2008, 07:14:40 PM »
Hey guys.  I hate this case a lot.  Can anyone help me out?  Is the court applying a criminal negligence standard to a mistake as to consent?  A jury would have to decide whether their belief that the victim consented was reasonable?  Thanks any help would be much appreciated!
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jimmyjohn

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Re: Commonwealth v Sherry = Negligence standard to consent?
« Reply #1 on: December 17, 2008, 07:56:06 PM »
Rape is a general intent crime.  With all general intent crimes when the jury is instructed on the defense of mistake, the mistake must be both honest and reasonable in order to find the defendant not guilty.