Friday, September 14, 2012

Commonwealth v. Williams case brief

 
Commonwealth v. Williams: He claims she thought she consented when he put a gun up to her head and said he wanted sex. The court said that Williams himself cannot get an instruction about reasonable belief (negligence standard). It doesn’t matter hugely what the mental state would be, in Williams, no reasonable person would think that she actually consented.
  1. Assumption of the Law In Fisher: Rough sex is bad or something that should be discouraged. This is not “good” sex. It is more akin to a stranger in a car trying to kill you. Is this going to far?
  2. Antioch College Policy: What if we put the burden on the victim to communicate a lack of consent when there is no threat of force? Antioch says the opposite! The burden is on the defendant to get a yes! Under Antioch, if it is mutually initiated it is not necessary for the constant consent – but how do you distinguish mutual initiated from only once side initiating?
    1. McKinnon’s View - Men and women see “reasonableness” as different.

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