Peterman is guilty for the attempted rape of child. He has several sex objects with him, intending to rape a child. He also arrived to the woman's home with the thoughts of rapping the child and was well prepared. Though the victim was fictional, she is thought to be real in Peterman's mind. Peterman did not know that the victim is fictional that means the victim is real to Peterman which is the attempt of rape. The attempt to rape is still a crime whether Peterman was successful or not. The word attempt is defined as an act to achieve something. Peterman did act by arriving to the woman's house, he made that attempt. But attempt does not mean achieving that goal but also means act of trying . Peterman bought objects to initiate to rape of the child. In the
concept of actus reas, Peterman did show up at the woman’s house with
photographs and sex toys with an intention to rape the child. Peterman could have avoid the crime by not going to the woman's house but since he went, it is an attempt of rape. His thought was to only go to the house to rape the young girl. Though it was a
setup, he would have created the crime if the child did existed . In concept of
mens rea, Peterman knew that it was a wrongful act. His motive was to rape the child and intent to do so as soon as he will able to get the young girl. His intention was to rape a child and would have done it if the child existed and that makes him guilty.
Sorry, Tshering, that Luis did not comment on your blog, he dropped the class after I gave the assignment.
ReplyDeleteYou make a very good point that the victim existed in Peterman’s mind. You also say that the fact that he went to the house constitutes the act of the attempted crime, and shows that he tried to achieve the goal of rape. The problem is that even on your interpretation he did not complete the act, and the charge is at least in part based on the assumption what he would have done.