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The New DU. Reply #100: Normally, this would be called a "mistake of fact" defense
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jberryhill
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Sun May-22-11 01:35 AM
Response to Reply #39 |
| 100. Normally, this would be called a "mistake of fact" defense |
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However, mistake of fact in this instance is only relevant to the attempted rape charges and not to the sexual assault charges
In fact, to use a mistake of fact defense on the attempt, he would have to admit all relevant criteria of the assault charges.
I haven't checked the cumulative sentencing weight to each of the charges. It would only be worthwhile if the potential sentence for the attempt charges is significantly large.
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