Rape Of Man With Cerebral Palsy

Jennifer · 11-25-2002, 05:05 PM

"Rape Of Man With Cerebral Palsy Brings 11-Year Sentence"

Quote:

48-year-old Edward Smith pleaded guilty yesterday to second-degree rape and endangering the welfare of an incompetent person.

How is it "second degree"?

wolf · 11-25-2002, 05:33 PM

Quote:

Originally posted by Jennifer
"Rape Of Man With Cerebral Palsy Brings 11-Year Sentence"

How is it "second degree"?

That is called a "plea bargain."

The original charges were probably much more severe, and that's what the attorney dealed him down to.

Generally crimes in the first degree are premeditated acts.

(I'm not a lawyer, neither do I play one on tv, but I do watch Law & Order a lot ...

)

MaggieL · 11-25-2002, 05:39 PM

<i>§ 3124.1. Sexual assault.

Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.</i>
[Note: This section was enacted by the legislature to reverse the holding in Commonwealth v. Berkowitz, ___ Pa. ___, 641 A.2d 1161 (1994), wherein the Pennsylvania Supreme Court had held that the rape statute required proof of physical force as an element of the offense.]

Jennifer · 11-25-2002, 10:30 PM

Thank you.

11-25-2002, 05:39 PM	#3
MaggieL in the Hour of Scampering Join Date: Jan 2001 Location: Jeffersonville PA (15 mi NW of Philadelphia) Posts: 4,060	<i>§ 3124.1. Sexual assault. Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.</i> [Note: This section was enacted by the legislature to reverse the holding in Commonwealth v. Berkowitz, ___ Pa. ___, 641 A.2d 1161 (1994), wherein the Pennsylvania Supreme Court had held that the rape statute required proof of physical force as an element of the offense.] __________________ "Neither can his Mind be thought to be in Tune,whose words do jarre; nor his reason In frame, whose sentence is preposterous..."

11-25-2002, 10:30 PM	#4
Jennifer Reasonable Person Join Date: Nov 2002 Location: New Jersey, USA Posts: 5	Thank you.

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