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Published 8 years ago by nxthesky with 2 Comments

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  • Konijn
    +4

    The circumstances are bizarre, but the story does seem sound. Most murders occur between people who are familiar to one another and additionally have motive. This random attack displays neither familiarity nor motive. If he was forcibly under the influence of a substance and had no motive, then the mens rea is not satisfied for it to be considered a crime.

    Alternatively, I think ambien could have been used rather than roofies. One of its common side-effects are extraordinary sleep-walking and no recollection. Furthermore, I've heard that it enhances sexual experience.

    • nxthesky
      +3

      I feel like I'm with you as far as believing he's a victim of a date rape drug (ambien a definite possibility), but I'm just curious about whether or not you really think he should not be charged with any criminal activity at all. Let's say that the hotel staff hadn't been there and he had actually killed her - I would like to think that he would be charged with manslaughter rather than murder due to the circumstances, but I don't think you could argue that he didn't commit any crime at all. In this case, I think he should be charged with something less serious (perhaps assault) rather than attempted murder.

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