is that drinking alcohol is a a lifestyle choice with realy zero medical benefits while taking medications such as lipitor is a treatment for an illness AND is clearly done under the a doctors supervision. Quite different imo.
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snowman
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zn
People have gotten off of this kind of thing though because they argue they were not consciously in control of their actions. I heard of a case where a guy got off for doing a similar thing because he claimed he was a sleep walker and he was sleep walking when it happened. Rath's defense is that he could not consciously have intended the action given his state of mind. All he has to do of course is plant reasonble doubt in people's minds.
The intent part of this law is crucial of course because accidently brushing up against someone in a crowded grocery line is not an intentional act of sexual misconduct.
But then Rath's people are claiming that being messed up and not really in conscious control of one's actions amounts to the same thing--a question of the actual intent.
I just think his legal team is trying to leverage that.
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It seems like the kind of defense intended to plead out to a lesser charge, whatever that might be. Not sexual battery but something lesser. Clearly, this kind of defense does not work for someone arrested for driving under the influence of alcohol or drugs. I wonder how the legal system justifies what appears to me to be an inconsistent application of this defense - not being able to consciously control one's actions.
