Offense of Rape And Other Sexual Offenses

Running head- CRIMINAL LAW
Criminal law
Name of the Student
Name of the University
Author Note

Criminal Law1
Case Study 1
Facts
 Richard went to a seven eleven store openly with a loaded gun.
 He waited in the store till everybody went to demand money from the attendant
 He found a girl hiding inside the store
 Richard threatened the young girl, Catherine, but she screamed and ran.
 Richard followed her while she was crossing the street.
 A passing car hit Catherine, and she was rushed to the hospital.
 Due to religious matters, she objected to the life-saving blood transfusion,
subsequently she dies.
Law
CONSTRUCTIVE MURDER- it is the Act where a person kills another through any act of
violence and aggression, such as any kind of armed robbery or an intensified robbery. Under
the section of 3A(1), it is defined that where any person causes the death of another person
without the intention to cause death by any act of violence or aggression in the course of the
continuance of the crime, then that person committing the crime shall be charged for
constructive murder with the conviction of level 1 detention (life) or to imprisonment for a
term of 10 years of more and shall be liable to be imprisoned of murder as the same way as
he would be punished for murder. The rule of law recognized as the felony-murder rule
where a person has involuntarily caused the demise of another by any act of aggression or
violence finished in the progression or continuance of a felony of viciousness is as a result of
this retracted.

Criminal Law2
MANSLAUGHTER- is a kind of illegal homicide that does not extend to murder and can be
convicted by a maximum period of twenty- years. Three elements are required to fulfill the
conditions of manslaughter. These conditions are:
a. It shall be illegal or against the law, such as an assault, burglary, etc.
b. The act of the person shall cause the death.
c. The act constituted is hazardous and can impose a danger to the life of the person.
. While determining manslaughter, one has to keep in mind that the person accused
must be having reasonableness concerning the condition of the victim. In the case of
Manslaughter, Mens-Rea is absent, but Actus Reas has to be present.
Analysis
1a. To understand whether it was manslaughter and murder, the elements need to be
understood that constitute the crime. So it is clear that murder and manslaughter, although
concerned with death, though, are different. As for murder there shall be the presence of both
the actus rea and the mens reus shall be present. However, in the case of manslaughter, it
deals with the act and not the motive or the intention behind it. In the case of manslaughter, it
is nothing but causing the death of a person without the intention or motive of murdering or
causing death. Although in cases of Constructive murder, there is no requirement for the
mens rea to be present but the punishment imposed in this act is the same as in cases of
murder. Here, in this case, Richard never had the intention of causing death to Christina so it
cannot be termed as a murder, but for the absence of the intention or the mens rea, it shall fall
under the purview of constructive murder and manslaughter. All he did was threatened her to
stay quiet else he would shoot, and when she started running to escape, he chased her that
was a kind of threat imposed on the life of the young girl for which the whole incident
occurred. For a case to be sure, Manslaughter elements are required to be fulfilled. They are: