In re John Z. and Post-Penetration Rape
I already started the paper, I just need help revising it and finishing the second part of the paper about John’s intent. I am attaching the case, plus an additional resource that talks about Post-Penetration Rape that I would like to include as a source. The professor is adamant that this is a legal analyis sand must discuss General intent, negligence, and strict liability.
APA formatted face page, in text citations and a reference pager is required for each of the written assignments. Use high quality resources to support your work. These include cases, law review articles and peer reviewed articles.
Answer the following questions concerning In re John Z. , 60 P.3d 183 (Cal. 2003):
[Target Response Length: 250300 words]: Assume, for the sake of argument, that Laura had clearly withdrawn her consent to continuing the sex act. Would the technical requirements for the crime of rape be satisfied? The relevant provision of the California Penal Code defines rape as a sexual intercourse accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Is it clear that John used force or that Laura was forcibly compelled to continue? Explain.
[Target Response Length: 500750 words]: What was Johns intent in this case? The case law in California applicable to John Z. follows the majority approach that rape is a general intent crime that can be defended against by a reasonable and good faith belief, supported by substantial evidence, that the victim voluntarily consented to intercourse. Although this suggests that the mens rea for the crime of rape in California is negligence, does it appear to you that the court may have actually applied a strict liability standard? Explain your reasoning.
This assignment is worth 10% of your grade.
Note: The target response length for each question represents a guideline to help you frame your responses. They are not hard and fast minimum or maximum word counts because the quality of your responses matters more than the quantity. Thus, use these targets with the understanding that you may submit shorter or longer responses to any question, so long as you completely and thoughtfully respond to the questions posed in a manner that demonstrates your full understanding and analysis of the relevant issues without being verbose or rambling.
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