This question should be answered in CREA (Conclusion, Rule, Explanation, Application) format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Terry is on trial for rape. Pat, the alleged victim, testified that she went out to dinner with Terry. Afterwards, he invited her to his apartment for coffee. Upon entering the apartment, he violently assaulted her. Although she tried to resist, he overpowered and raped her.
Terry testified that during dinner he and Pat drank three bottles of champagne. When they returned to his apartment, he was so intoxicated that he honestly believed that she consented to the intercourse.
The jury determined that Pat did not consent to the intercourse. It also found that Terry, as a result of his intoxication, honestly but unreasonably believed that she was consenting.
As a consequence of the jury’s findings, Terry should be found:
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Consider whether rape is a general or specific intent crime. General intent crimes involve knowingly committing an unlawful act while specific intent crimes involve knowingly committing an unlawful act plus the intent to bring about a particular result. What are the two different standards for establishing a mistake of fact defense for general and specific intent?
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