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Abstract: In the rewritten opinion, Professor Ben McJunkin affirms the defendant's conviction. Unlike the original opinion, he maintains strict liability as the mens rea for cases in which a victim is voluntarily intoxicated, rather than the negligence standard the Blache Court adopted. Thus, rather than emphasizing the potential risk to unwitting defendants, the rewritten opinion reinforces that criminal law should be concerned with the harm of nonconsensual sex.
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