How do we know the sex was not consenting

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Problem

My mock scenario is about a burglary and rape in the midst of the night. My 5 questions from the defense would be: (i) How do we know the sex was not consenting? Were the two in a relationship? Is this a domestic violence case? Is this just an argument? (ii) Was my client in his right mind during the time of the burglary? (iii) Was this alleged crime intentional or an act of passion? (iv) Is there any definitive evidence present that may leave room for reasonable doubt? (v) Does her description of the assailant match my client?

Reference no: EM133748156

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