tag:blogger.com,1999:blog-8611810694571930415.post8985719569589849196..comments2024-03-29T02:22:59.827-04:00Comments on the daily howler: THE AGE OF THE NOVEL: New York Times readers get misled! <b>bob somerby</b>http://www.blogger.com/profile/02963464534685954436noreply@blogger.comBlogger44125tag:blogger.com,1999:blog-8611810694571930415.post-63736332257117585512020-05-07T20:00:25.945-04:002020-05-07T20:00:25.945-04:00Hello viewers around the Globe, I was despondent b...Hello viewers around the Globe, I was despondent because i had a very small penis, about 2.5 inches soft and 4 inches hard not nice enough to satisfy a woman, i have been in so many relationship, but cut off because of my situation, i have used so many product which doctors prescribe for me, but none could offer me the help i searched for. i saw some few comments on the internet about this specialist called Dr, OLHIA and i decided to contact him on his {oliha.miraclemedicine@gmail.com} so I decided to give his herbal product a try. i emailed him and he got back to me, he gave me some comforting words with his herbal pills for Penis Enlargement, Within 3 week of it, i began to feel the enlargement of my penis, " and now it just 4 weeks of using his products my penis is about 9 inches longer, and i had to settle out with my Ex girlfriend Ella, i was surprised when she said that she is satisfied with my sex and i have got a large penis. Am so happy, thanks to Dr OLIHA I also learn that Dr OLIHA also help with Breast Enlargement Hips and Bums Enlargement etc.. If you are in any situation with a little Penis, weak ejaculation, small breast_hips_bums do get to Dr OLIHA now for help on his email {oliha.miraclemedicine@gmail.com} or whats app him number: +2349038382931Relanes Ihabhttps://www.blogger.com/profile/10450627962285282111noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-72858486157432290212019-12-13T09:16:00.934-05:002019-12-13T09:16:00.934-05:00I want to share a testimony of how Dr.Osemuhau her...I want to share a testimony of how Dr.Osemuhau herbal mixture cream saves me from shame and disgrace, my penis was a big problem to me as the size was really so embarrassing,and i was also having weak erection problem. I can't make love to my wife and my penis was just too small a full grown man like me having 4 inches penis and to worsen it i don't last in sex i cant even last two minutes it was really a thing of shame to me. My wife was really tired of me because my sex life was very poor,she never enjoyed sex,i was always thinking and searching for solutions everywhere until when i saw a testimony of how Dr.Osemuhau herbal mixture cream have been helping people regarding their sex life, so i decided to give him a try and to my greatest surprise in less than one week of taking the herbs my penis grow to 8 inches i couldn't believe my eyes and as i speak now my penis is now 8 inches and i do not have week erection again. I can make love to my wife longer in bed. And my marriage is now stable,my wife now enjoy me very well in bed. can contact him drosemuhau@gmail.com {) or call or what-apps him through +2348168714427moorehttps://www.blogger.com/profile/13968274379955557653noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-26952287563179705262019-11-06T04:53:14.139-05:002019-11-06T04:53:14.139-05:00JUST MADE IT
Hello world, so I'm beyond gratef...JUST MADE IT<br />Hello world, so I'm beyond grateful to Chief Dr. Ebore for helping me with a very powerful spell to get the lottery winning numbers. I won the lottery of 448.4 million US Dollars a week ago in a jackpot from 7 lottery play. The first thing I bought was a house with all the features I never dreamed I'd have. From there, I manifested my perfect dream car. I want to appreciate Dr. Ebore for his loyalty and magical works. It exists only in the right hands and with it everything is possible... He is also good in get your ex love back, healing, pregnancy, lottery winning and other spells etc. If you need any of this spell you can get in touch with him. Google mail:- EHITEMPLE@GMAIL.COM, <br />WhatsApp number:- +1 (972) 383 9289 Love & Light!.LORRAINE PAUL CHRISTIANEhttps://www.blogger.com/profile/05523198597641909985noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-66615667440872275852019-10-29T09:01:03.574-04:002019-10-29T09:01:03.574-04:00Or if Turner was from a rich and powerful family (...Or if Turner was from a rich and powerful family (like say the Trump crime family), he would get away with it completely, and the girl would be shunned. Centristnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-2038575228532179612019-10-29T05:36:33.127-04:002019-10-29T05:36:33.127-04:00I don’t have a son, I do have have a daughter.
I...I don’t have a son, I do have have a daughter. <br /><br />I agree with you in theory, but gut reaction- there’s no telling what her father and I might do. Ceceliahttps://www.blogger.com/profile/15162272807640653299noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-65746219340131176932019-10-29T01:54:01.934-04:002019-10-29T01:54:01.934-04:00Anonymous @10:28P comments,
One thing I can't...Anonymous @10:28P comments,<br /><br /><i>One thing I can't understand -- and I think Bob may get at soon -- is if alcohol removes the possibility of consent, why doesn't it also remove the blame and responsibility?</i><br /><br />semichorus @11:38P comments,<br /><br /><i>I still don't get how alcohol = no responsibility and possibility of consent on the part of the woman, but great responsibility on the part of the male. It seems a big double standard.</i><br /><br />Sometimes alcohol does remove responsibility, but not in this case. See my comment @7:52P. The short answer to your questions is that’s the way the law is written. And the law is written that way because in this country we are (theoretically, anyway) loathe to remove someone’s rights. You may give up some (but not every) right voluntarily, and you must give up some (but not every) right by a judicial intervention in which you have due process. (Conviction of a crime and appointment of a guardian are examples of the latter.) But getting drunk doesn’t mean that you give up your right to privacy and bodily integrity. Likewise getting drunk doesn’t mean that you may violate the rights of others at will.<br /><br />The law is sex neutral. It’s just that men commit the lion’s share of sexual assault. There was a case in California in which a woman was convicted of rape. She came home to find her husband in bed with another woman and forced the two to have sex at gunpoint. If she’d been drunk, it wouldn’t have helped her defense either.<br /> deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-5402102946542098912019-10-29T01:29:24.877-04:002019-10-29T01:29:24.877-04:00Why was she drinking so much? Miss Moral she is in...<i>Why was she drinking so much? Miss Moral she is indeed. She needs to get off her high horse.</i><br /><br />Getting blackout drunk isn’t admirable, but if she’s not hurting anyone else, why the condemnation?<br /><br /><i>I was almost killed by a drunk driver on PCH. I hate drunks! Who are they to sound so moral?</i><br /><br />You can’t make a moral distinction between someone who gets drunk and passes out behind a dumpster and someone who gets drunk and get behind the wheel of a car?<br />deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-44704060800961946112019-10-29T01:24:58.365-04:002019-10-29T01:24:58.365-04:00What gets me is how a woman so inebriated -- and h...<i>What gets me is how a woman so inebriated -- and her friends say it was habitual on her part -- can take the moral high ground on ANYTHING. The utter gaul of her.</i><br /><br />Divided into three parts, no doubt.<br /><br /><i>What the guy did was wrong, but who is she to pass judgement on personal behavior?</i><br /><br />Seem a tad harsh, dontchathink? Why does Miller’s inebriation, even if habitual, have an ethical dimension if her behavior is nothing more than self-destructive? If she’s not hurting anyone else, why do you think she’s unable to pass judgment on somebody who does?<br />deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-57030666962899569232019-10-28T23:53:58.056-04:002019-10-28T23:53:58.056-04:00"It doesn't matter how many drinks she ha..."It doesn't matter how many drinks she had, you don't get to rape her. "<br /><br />He never raped her.<br /><br />The fact that she drank more than he did, and was three years older, does call into question the scenario. He -- a male -- preyed upon HER?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-33341249957310933852019-10-28T23:47:35.336-04:002019-10-28T23:47:35.336-04:00"That is why it is horrifying that she could ... "That is why it is horrifying that she could not be safe, even if asleep or passed out, or just resting, or meditating, or otherwise minding her own business in a public spot. "<br /><br />She was drinking and partying! That's how it happened.<br /><br />Why was she drinking so much? Miss Moral she is indeed. She needs to get off her high horse.<br /><br />I was almost killed by a drunk driver on PCH. I hate drunks! Who are they to sound so moral?<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-45500286821234014652019-10-28T23:38:38.030-04:002019-10-28T23:38:38.030-04:00I'm a liberal, and I think those myths are qui...I'm a liberal, and I think those myths are quite commonly held as real among the Left.<br /><br />I still don't get how alcohol = no responsibility and possibility of consent on the part of the woman, but great responsibility on the part of the male. It seems a big double standard.semichorushttps://www.blogger.com/profile/12225607998890819129noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-60080207692630546882019-10-28T23:34:36.516-04:002019-10-28T23:34:36.516-04:00What happened to that judge was an atrocity -- and...What happened to that judge was an atrocity -- and he had been a sex crimes prosecutor. He knew good cases from bad. This was clearly a wobbler.<br /><br />What gets me is how a woman so inebriated -- and her friends say it was habitual on her part -- can take the moral high ground on ANYTHING. The utter gaul of her. What the guy did was wrong, but who is she to pass judgement on personal behavior? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-35698155565582470112019-10-28T22:28:44.379-04:002019-10-28T22:28:44.379-04:00Because she might have also initiated sexual conta...Because she might have also initiated sexual contact being so drunk?<br /><br />One thing I can't understand -- and I think Bob may get at soon -- is if alcohol removes the possibility of consent, why doesn't it also remove the blame and responsibility? <br /><br />If the woman's volition is in question, why isn't the other party's as well? It seems a bit slanted. Plus, the woman was three years older.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-49564111802163691542019-10-28T22:10:41.392-04:002019-10-28T22:10:41.392-04:00On what planet is consensual sex defined as a man ...<i>On what planet is consensual sex defined as a man doing whatever he wants to the body of an unconscious woman?</i><br /><br />I don’t know, but not this one. Are you expecting disagreement?<br /><br /><i>It is her unconsciousness that makes this predatory behavior, not simply her drunken state.</i><br /><br />Both her unconsciousness and her intoxication made this illegal behavior, one count each. Are you paying attention?<br /><br /><i>Women are only safe when men know that they are going to be held responsible for their own behavior.</i><br /><br />Not likely. Alcohol and testosterone together form a potent poison that leads to the affected doing unfortunate things, not caring that they’ll likely be held responsible. Don’t you know any guys who drink?<br /><br /><i>One cannot go to a party and not drink at all or drink soft drinks.</i><br /><br />I’m too old to party now, but back in the day (before electric lights) I went to parties. I drank at some and stayed sober at others, and had fun at both. You need to get a better social life. Yours sounds dismal.<br /><br />And no one is saying don’t drink at all. Just don’t drink until you’ve lost legal capacity.<br /><br /><i>Only psychopaths prey on other people and drinking has nothing to do with that.</i><br /><br />Drinking likely has nothing to do with psychopathy, but all that’s necessary to take advantage of other people is the reduction of inhibitory control. Alcohol is good at that.<br /><br /><i>Turner deserves to register as a sex offender because he was doing something that no other drunken frat boy would do.</i><br /><br />Turner is a registered sex offender because the court found that he was moderately likely to re-offend based on the sentencing report.<br /><br />How many frat boys do you know?deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-91934721937200712042019-10-28T21:48:33.671-04:002019-10-28T21:48:33.671-04:00Ah, the lost days of extra-judicial punishment! An...Ah, the lost days of extra-judicial punishment! And word did travel fast, or at least as fast as horseback. Unless of course, the news riders ran into a cholera or yellow fever epidemic.<br /><br />The good old days, eh?deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-53375568985074977562019-10-28T21:45:09.705-04:002019-10-28T21:45:09.705-04:00However, to my knowledge, Turner didn’t claim in c...<i>However, to my knowledge, Turner didn’t claim in court that his judgment was impaired by alcohol.</i><br /><br />This might have been more effective in defending against rape charges, where knowledge of consent is critical. But those counts were dropped, leaving sexual assault (actually, sexual battery) of an unconscious and intoxicated victim. As I noted above, these are general intent charges, and as a matter of law, drunkenness is rarely an acceptable defense. Once the prosecution established BARD that Miller was incapacitated and that Turner had fingered her, Turner’s BAC wouldn’t help him.<br /><br /><i>But the bigger issue that other commenters have voiced is that this is standard-issue excusing of predatory male behavior, the type of behavior that won’t stop unless pressure is brought to bear against it.</i><br /><br />This is the position of “Don’t tell me how much to drink; teach men not to rape.” I think teaching men not to rape is an excellent idea, but while we’re waiting for them to take the lesson to heart, it’s still probably a wise idea for women not to drink themselves into vulnerable states. Recognizing this doesn’t excuse predatory behavior.deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-68330657759162678552019-10-28T21:22:29.150-04:002019-10-28T21:22:29.150-04:00He got off lightly because the judge ignored the v...<i>He got off lightly because the judge ignored the victim's statement and the prosecution recommendation and accepted the probation officer's recommendation of six months.</i><br /><br />The victim’s statement generally has no effect on the length of the sentence, which is either the result of a plea bargain (which didn’t happen here) or statutory limits (which did).<br /><br />Sexual battery is punishable in California by imprisonment for 1-2-3 years (bad behavior in commission of the crime, worse behavior, worst, respectively). The prosecution wanted 6 years, probably calculating the middle penalty (two years) multiplied by the number of guilty verdicts (3), to be served consecutively.<br /><br />But under California Rules of Court consecutive sentences aren’t imposed when the convictions arise from the same closely-related acts and when violence or threats aren’t involved. And generally not on first-time offenders. <br /><br />There are first-time rapists in California who don’t get six years.<br /><br /><i>Mitigating factors were his expectations as a swimmer aiming for the olympics and his status as a student at Stanford.</i><br /><br />You didn’t read the sentencing report, did you? You know how I know this? Because I did.<br /><br />No aggravating factors were found in the crime. That’s because the victim’s incapacitation was a formal element of the crime.<br /><br />There was only one mitigating factor found in the crime, the fact that it was first offense.deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-6863602800326423012019-10-28T20:52:17.318-04:002019-10-28T20:52:17.318-04:00Error notification: a bit more noodling around on ...Error notification: a bit more noodling around on the intertubes leads me to believe that the prosecution withdrew the rape charges. The jury never had to consider them. My fault; sorry.deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-64920150942283380592019-10-28T20:29:03.200-04:002019-10-28T20:29:03.200-04:00“But, but, but she was drunk and yet she was walki...“But, but, but she was drunk and yet she was walking around and later she wasn't as unconscious as she was earlier. Such a mystery -- and none of it allows Turner to assault her while she was passed out.”<br /><br />Right. She regained conciosness in the hospital. And Bob made clear the fact that assult is unallowable – as did the jury. Get a fuckin’ clue.<br /><br />Leroy<br />Leroyhttps://www.blogger.com/profile/02021120389394278239noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-59974183330942810922019-10-28T20:27:07.365-04:002019-10-28T20:27:07.365-04:00Deadrat will claim that Somerby is engaging in a d...<i>Deadrat will claim that Somerby is engaging in a dispassionate search for truth in media.</i><br /><br />Please quit telling me what I’ll claim. It’s my job to tell you what I’m actually claiming.<br /><br /><i>But, but, but she was drunk and yet she was walking around and later she wasn't as unconscious as she was earlier. Such a mystery -- and none of it allows Turner to assault her while she was passed out.</i><br /><br />Here what TDH said on 10/25:<br /><br /><i>That act of assault should not have occurred. No one should be assaulted.</i><br /><br />So he agrees with you. The book is apparently about Miller’s experience as a victim and survivor (apparently both her words). It’s not about Turner, whose guilt is a given.<br /><br />Is it misleading for Miller to omit an admission of just how drunk she was? I can’t tell without reading Miller’s book, which I’m not moved to do.<br /><br />Is it misleading for reviewers to omit the admission? Again, I can’t tell.<br /><br />Are liberals falling over themselves to exonerate Miller from personal responsibility as they rightly insist on Turner’s legal responsibility? “Explicit example to follow,” writes TDH.<br /><br />Stay tuned for the next exciting episode.<br /><br /><i>But Al Franken and Louis C.K. are making come-backs</i><br /><br />Louis CK apparently had the bizarre notion that it was OK to masturbate in front of women if he asked their permission first. Seems almost quaint now.<br /><br />No credible evidence, let alone dispositive evidence, exists to condemn Franken for sexual impropriety, Kristen Gillibrand to the contrary. Perhaps KG’s pet witch hunt resulted in her Presidential campaign folding after 165 days. deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-71368974742856126982019-10-28T20:25:43.275-04:002019-10-28T20:25:43.275-04:00He got off lightly because the judge ignored the v...He got off lightly because the judge ignored the victim's statement and the prosecution recommendation and accepted the probation officer's recommendation of six months. Mitigating factors were his expectations as a swimmer aiming for the olympics and his status as a student at Stanford. They didn't want to ruin his life and they didn't care about the damage done to Miller. This is where false beliefs about whether sexual assault is damaging to women matter. It is where the boys will be boys attitudes and the identification of the judge with the defendant (imagine Kavanaugh doing the sentencing, for example) but not the victim, has consequences. <br /><br />Voters agreed with Miller that the sentence was too light. That is why Persky was recalled. All the pressure by women's groups would do nothing if the voters hadn't agreed with their arguments, since women's groups have no leverage over voters, just a voice. <br /><br />Miller didn't pass out in a bad neighborhood, in a violent city, under an underpass or on a secluded beach or anywhere a transient or criminal might come across her. She was at a frat party at Stanford University, in upscale Palo Alto, with friends and students. That is why it is horrifying that she could not be safe, even if asleep or passed out, or just resting, or meditating, or otherwise minding her own business in a public spot. <br /><br />This is the same blame the victim shit that parents get when their child is abducted. If you had him on a leash tied around your wrist and never looked away for a second, he wouldn't have been kidnapped by a stalker. How many fewer drinks should Miller have taken? How many do men get to drink before they are allowed to do whatever they want to anyone they meet who is smaller than them?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-72882293506030515022019-10-28T20:14:38.542-04:002019-10-28T20:14:38.542-04:00In a different time, Chanel Miller's male rela...In a different time, Chanel Miller's male relatives would take Turner behind the barn and beat the crap out of him. Then he would be shunned by everyone else in town until he moved away in shame. No family would ever let a daughter date him and no one would hire him. He would have no future among the people he wronged, from his victim to everyone else in the place -- and word travels fast about such things. That is justice before people got too numerous to know each other by sight and laws and police forces were created.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-76261825262782649242019-10-28T20:12:40.481-04:002019-10-28T20:12:40.481-04:00She was unconscious when the grad students came on...She was unconscious when the grad students came on the scene. On what planet is consensual sex defined as a man doing whatever he wants to the body of an unconscious woman? How does that seem like any kind of mutual sexual experience? She was unconscious!<br /><br />Is Turner seriously claiming that she said "If I happen to pass out along the way, just continue doing what you want."? This discussion makes no sense to me at all. It is her unconsciousness that makes this predatory behavior, not simply her drunken state. And we don't even know whether she encountered him at all during the prior party, or whether he came upon her passed out body and decided to do things to it.<br /><br />This idea that men can get blind drunk but women can never do that for fear of being attacked, can be extended to sober women, because men are always capable of attacking a woman who is minding her own business and not drunk. That implies that the only way a woman can be safe is if she has bodyguards or stays inside her home, and even that isn't 100% safe, and who will protect her from her guardians?<br /><br />Women are only safe when men know that they are going to be held responsible for their own behavior. That is what the law is for, and it is why it is so important to enforce the law. <br /><br />The definition of binge drinking for men is 5 drinks in two hours, and for women it is 4 drinks in two hours. College social culture revolves around alcohol. Going to a party and drinking only three drinks is rare. One cannot go to a party and not drink at all or drink soft drinks. Further, these parties are only fun if you are as drunk as everyone else, since college kids do stupid things and loud music and stunts are no fun if you are sober. So expecting this girl or anyone else at that party to stay sober is not only unfair but unrealistic. Kids outgrow that stuff, but most kids don't engage in the kind of behavior that Turner and Kavanaugh and similar drunken frat boys do. Chanel probably used alcohol to cope with social anxiety among kids she didn't know and to enable her to have fun. That's the same as what other kids there were doing. Singling her out as exceptionally foolish because of Turner's crime strikes me as ridiculous.<br /><br />Men are not jungle animals. They can be expected to control themselves and to conform to the law. That is why Turner was convicted. This attitude, prevalent among Republican men and women both, that men have uncontrollable urges so women need to watch themselves at all times, is inconsistent with human behavior. Only psychopaths prey on other people and drinking has nothing to do with that. Turner deserves to register as a sex offender because he was doing something that no other drunken frat boy would do. And it doesn't matter how nice the people he didn't attack think he is.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-72419131616225593162019-10-28T20:02:49.126-04:002019-10-28T20:02:49.126-04:00It's not clear to me either. Seems like Bob is...It's not clear to me either. Seems like Bob is claiming that somehow Miller's story is being sanitized by not specifying her exact alcohol level; but everything is self-evident from the fact that she was passed out. <br /><br />I am sure that Turner was uninhibited given his inebriation, which is maybe why he got off so lightly. Ilyahttps://www.blogger.com/profile/09520998225031485048noreply@blogger.comtag:blogger.com,1999:blog-8611810694571930415.post-52125212699222995832019-10-28T19:52:25.806-04:002019-10-28T19:52:25.806-04:00I think that when you don't know something, it...<i>I think that when you don't know something, it is better not to pretend you do.</i><br /><br />Why doesn’t your head just explode?<br /><br /><i>Further, drinking is used to excuse crimes almost routinely and it is not considered an excuse under the law.</i><br /><br />It’s not so much the ignorance that amazes me. After all, ignorance is a routine part of human existence. It’s the sheer confidence despite the ignorance that amazes.<br /><br />Needless to say, intoxication and criminal liability have a complicated relationship in the numerous jurisdictions of the US. I’ll illustrate this with the following hypothetical:<br /><br />Suppose you are awakened by a noise in the middle of the night, and when you go to investigate you find a stranger, apparently drunk, in your living room. You call 911, the cops arrive and arrest the man, and the DA charges him with breaking and entering.<br /><br />At trial, the man testifies that he was given a spiked drink at a party and provides evidence both convincing and by weight (i.e., by a preponderance) that this is true. His “friends” even testify that they drugged him as a prank. This is a (very strong) affirmative defense of <b>involuntary intoxication</b>, and the man will very likely be acquitted.<br /><br />(This was not a factor in Turner’s trial. He got drunk for fun.)<br /><br />Let’s suppose, though, that the man testifies that he was drunk of his own volition and mistakenly thought he was in his own home. If he’s convincing — say he lives one block over from you in a house of similar architecture and with house numbers that are yours except for a transposition of the last two digits — then he has presented a (fairly strong) affirmative defense of <b>mistaken fact</b>. Sure, he was drunk, but given that, he’s made a reasonable error. He stands a good chance of acquittal.<br /><br />(Turner tried that: he claimed he thought Miller was willing. I can’t tell from reports whether the jury bought that when they acquitted him of rape, but they didn’t buy it for sexual assault.)<br /><br />Suppose again, though, that the man admits at trial that he entered your house, knowing that it wasn’t his, to get out of the rain. But he says he was too drunk to form <b>specific intent</b> to commit the crime he’s charged with. Specific intent is the intent to perform an illegal act (entering your home without your permision) and to effect the follow-on results specified in the law (in this case, committing another crime, e.g, theft.) If the man is convincing, he’ll be acquitted of breaking and entering.<br /><br />His drunkenness will likely not prevail in getting him out of a charge of criminal trespass because that’s a crime of <b>general intent</b>, which you almost always demonstrate by performing the act. In other words, the law presumes that legally-competent (i.e., sane) people intend to do what they actually do, even if they’ve been drinking.<br /><br />(In California, rape and sexual assault are crimes of general intent, so being drunk couldn’t excuse Turner on intent.)<br /><br />Some states classify rapes, e.g., one type of rape is forced sexual intercourse with the purpose of degrading, harming, or terrorizing the victim. That’s a specific intent crime — an unlawful act (forced intercourse) with a follow-on result (degradation, harm, or terror of the victim). Intoxication would be a defense for this type of rape.<br />deadrathttps://www.blogger.com/profile/02828198094140822987noreply@blogger.com