Answer these two questions:
Which do you agree with:
Do you agree with the en banc decision that the act of “knowing” applies to not only the sexual assault, but also the victim’s incapacitation? Or,
Do you feel the en banc court got it wrong, and a strict liability provision, which does not require intent or knowledge of incapacitation, is appropriate when it comes to a victim’s incapacitation and her ability to consent?
How can the prosecution prove a person acted “knowingly” with respect to a sexual assault victim’s incapacitation? In other words, what evidence can the prosecution present to demonstrate proof beyond a reasonable doubt that the defendant knew the victim was incapacitated and unable to give consent?
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