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ramBRO
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stlramz
Showing damage from his multiple strokes and how the medications/alcohol in combination exacerbated the negative effects of his prior strokes and he did not appreciate that fact prior to that night.
Most sex crimes are specific intent crimes. That means they must be done with a specific mental state - e.g. for sexual gratification.
The defense experts will opine that his injuries in combination with medications and alcohol made forming that intent impossible.
Interesting.
So by this logic, considering his "injuries in combination with medications and alcohol," Mr. Rath could have easily touched the accuser's husband in the same manner? Or perhaps Scraps, the family dog?
I mean...he wouldn't have been able to form the mental state for sexual gratification, right?
It was just coincidence that he touched the naked, sleeping wife?
Well no, the way I understand this, it's the intention. That is, he is claiming that in his mental state, he was in no position to get what he was doing or to consciously control it in the normal sense of that. It was not a conscious, deliberate intent to do what he did; it was the sloppy actions of someone not in normal conscious understanding of what he was doing.
And. Not defending him (or the opposite.) Just trying to get what he is claiming.
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