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Re John Z

/in /by

Answer the following questions concerning In re John Z.Preview the document, 60 P.3d 183 (Cal. 2003):

[Target Response Length: 250–300 words]: Assume, for the sake of argument, that Laura had clearly withdrawn her consent to continuing the sex act.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: 500–750 words]: What was John’s 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.
Please include any in-text citations and references. Please be very detailed and analytical when respondong.

 
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