Sunday, March 17, 2013
Peterman Defense
Steven Peterman, can not be charged with attempted rape. In New York State, there is no crime of attempted rape. It was one of the sorest subjects in Criminal Law. Even when involving a minor, there are not any crimes on the book. My Client Mr. Peterman is willing to plea to promoting child pornography, and having the child pornographic paraphernalia on his person. There was not any physical contact between my client and the ten year old girl. Due to the fact that the girl was imaginary. Depending on the conversation between the imaginary girl and my client he may be free from all charges due to entrapment. If the police invited and enticed my client to meet each other then thats entrapment. My client did not have the actus reus in this crime. No act was actually committed. Although a sexual crime involving a minor does not need mens rea to prosecute. "Statutory Rape'. There was no rape committed and/or crimes committed against the ten year old.
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Steven Peterman may have not raped the 10-year-old victim but those were his intensions. It was proven that if circumstances would have been different and a child would have been in that apartment, Peterman would have gone along with it. If not he would have never showed up. The female acquaintance who was working with the police invited him over so that he can have access to the little girl. That was what she told him and in response he arrived with sex toys and child pornography. I believe that is evidence enough to over rule any argument in Peterman's defense.
ReplyDeleteAndrew, you make some strong points in Peterman’s defense. You emphasize that the victim did not exist and that the defendant was entrapped. Karen, you point out that Peterman had the intent to rape, but Andrew correctly claims that sexual crimes involving minors do not even require mens rea because they fall under strict criminal liability. (By the way, Andrew, this case was not tried in New York State).
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