Prepare:
Read Dressler, chapter 33 (569-595).
Do the rape problem. The materials set out victim and defendant statements as well as Missouri statutes (including Missouri’s version of the general principles of liability, Missouri’s equivalent of MPC 2.01, 2.02, et. seq.) and cases that need to be analyzed in conjunction with the problem materials.
Think about the following questions in conjunction with the problem:
What, if any, is the highest degree of offense the prosecution can likely charge and convict Rapier of? What impediments would you (as prosecutor) expect to encounter in so charging? What defenses would you (as defense attorney) raise? Who is likely to be successful, and why? Is there other information you need? If so, what is it and why? Are there strategic, policy or practical issues that you believe are important here? If so, what are they and why?
In addressing these problems, I expect that you will read carefully all materials as if you represented the parties. Develop the arguments and be prepared to present them in class.
I will take into consideration in grading class participation on this exercise (both Missouri and Kansas versions) as well as in the legislative drafting exercise that follows.
In Class: Missouri Version of the Rape Problem
Some thoughts about discussing sexual offenses. Statistics would support a belief that several members of the class have been personally affected in some way by rape or sexual assault. The issues we will be discussing are important but difficult ones. Respect for other views and sensitivity to the feelings of other students is very important as we talk about these issues, as is open and frank discussion. If any student, because of personal experiences (involving self, close friends or family members), feels uncomfortable discussing this material, please let me know in advance so we can accommodate your needs.
Reflect:
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