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Re: the difference between alcohol and medication

July 12, 2019 11:39AM
Quote
PHDram
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.

Quote
snowman
Quote
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.

.,..

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.

Since the intent is very purposely written into the law--because as I said they are distinguishing between accidental contact and a deliberate intent to touch an unconsenting person in a consciously sexual way--I think what they're doing ti going for a not guilty verdict.

His team is actually saying, I did not do what the law describes, I was too messed up to have done that with a deliberate conscious intent. That's aiming for reasonable doubt and a not-guilty verdict.

Now what I THINK OF THAT is a different issue. All I am doing here is describing what I think the defense is claiming.

...
SubjectAuthorViewsPosted

  Update on Rath trail

tonyde1341July 09, 2019 08:34AM

  Alcohol & Lipitor = Sexual Assault???

SunTzu_vs_Camus206July 09, 2019 09:52AM

  A physician's view

NewMexicoRam183July 09, 2019 02:58PM

  Re: A physician's view

PHDram118July 09, 2019 06:40PM

  Of course

NewMexicoRam98July 09, 2019 06:55PM

  Re: Of course

JamesJM60July 09, 2019 06:57PM

  Did this come up in your search?

PHDram75July 09, 2019 07:33PM

  My bet is defense comes with mri and ct scans

stlramz61July 09, 2019 08:06PM

  Re: My bet is defense comes with mri and ct scans

ramBRO52July 09, 2019 08:48PM

  Re: My bet is defense comes with mri and ct scans

zn57July 09, 2019 10:22PM

  Re: My bet is defense comes with mri and ct scans

stlramz37July 10, 2019 10:20AM

  Re: My bet is defense comes with mri and ct scans

PHDram30July 10, 2019 11:09AM

  I take atorvastatin (lipitor) and drink alcohol

waterfield44July 12, 2019 07:04AM

  LOL...best one of the day yet.........nm

Arkansas Ram15July 12, 2019 07:24AM

  That's not a sudden onset sort of problem.

NewMexicoRam43July 10, 2019 08:50AM

  Re: That's not a sudden onset sort of problem.

PHDram37July 10, 2019 08:55AM

  agreed.

SunTzu_vs_Camus36July 10, 2019 03:02AM

  Re: Update on Rath trail Attachments

LMU93157July 09, 2019 10:49AM

  So is the defense admitting that this actually happened?

RockRam116July 09, 2019 11:32AM

  not really

PHDram95July 09, 2019 12:09PM

  Re: not really

zn78July 09, 2019 12:19PM

  Re: So is the defense admitting that this actually happened?

ABQRam73July 09, 2019 12:19PM

  its not just alcohol

PHDram71July 09, 2019 12:32PM

  Re: its not just alcohol

ABQRam58July 09, 2019 01:24PM

  Well again

PHDram55July 09, 2019 02:34PM

  Criminal intent

waterfield37July 12, 2019 08:52AM

  Re: Criminal intent

zn30July 12, 2019 09:31AM

  Re: Criminal intent

snowman32July 12, 2019 10:51AM

  the difference between alcohol and medication

PHDram29July 12, 2019 11:32AM

  Re: the difference between alcohol and medication

zn31July 12, 2019 11:39AM

  Re: the difference between alcohol and medication

PHDram21July 12, 2019 12:26PM

  Re: the difference between alcohol and medication

zn20July 12, 2019 01:06PM

  Atorvastatin for an illness?

waterfield18July 12, 2019 02:56PM

  Re: Criminal intent-general v specific

waterfield24July 12, 2019 11:44AM

  Re: Criminal intent-general v specific

zn19July 12, 2019 11:50AM

  Re: Criminal intent and the "twinkie" case

waterfield33July 12, 2019 11:08AM

  Re: Criminal intent and the "twinkie" case

zn28July 12, 2019 11:45AM

  Re: Criminal intent and the "twinkie" case

waterfield29July 12, 2019 12:01PM

  gotcha ... very clearly stated (nm)

zn12July 12, 2019 12:15PM

  Sounds like a slingers party.....

Rampage2K-138July 09, 2019 12:17PM

  Re: Sounds like a slingers party.....

zn113July 09, 2019 12:22PM

  Re: Sounds like a slingers party.....

Rampage2K-98July 09, 2019 01:54PM

  Re: Sounds like a slingers party.....

zn95July 09, 2019 02:00PM

  Re: Update on Rath trail

tonyde96July 09, 2019 02:20PM

  Rath Accuser Testifies In Court

ramBRO196July 09, 2019 06:21PM

  Re: Rath Accuser Testifies In Court

moklerman152July 09, 2019 07:15PM

  Just my option......if true....

Arkansas Ram148July 10, 2019 05:41AM

  Re: Just my option......if true....

PHDram135July 10, 2019 06:06AM

  Rath Takes The Witness Stand

ramBRO176July 11, 2019 03:39PM

  Just saw a not guilty verdict.

cool_hand_luke138July 12, 2019 03:02PM

  Re: Just saw a not guilty verdict.

zn138July 12, 2019 03:10PM

  Re: Just saw a not guilty verdict.

Ekern55128July 12, 2019 03:15PM

  Re: Just saw a not guilty verdict.

RamBill129July 12, 2019 03:19PM

  Rams assistant found not guilty of sexual battery

RamBill119July 12, 2019 07:55PM

  Deliberated an hour.......

Rampage2K-120July 12, 2019 08:53PM

  True

stlramz126July 12, 2019 09:09PM

  Re: Update on Rath trail

NorCalRamFan116July 15, 2019 01:16AM

  OK - So is he going to be back at training camp this week? (nm)

RinconRam62July 23, 2019 07:12AM

  Re: OK - So is he going to be back at training camp this week? (nm)

tonyde88July 23, 2019 12:04PM

  Re: Update on Rath trail

tonyde112July 23, 2019 02:28PM

  Re: Update on Rath trail

Classicalwit79July 24, 2019 04:06AM

  Re: Update on Rath trail

Rams4356July 24, 2019 05:53AM

  Re: Update on Rath trail

RinconRam64July 24, 2019 07:22AM

  Re: Update on Rath trail

SoCalRAMatic60July 24, 2019 07:47AM

  Re: Update on Rath trail

zn67July 24, 2019 08:48AM

  Re: Update on Rath trail

bigjimram2143July 24, 2019 10:41AM