Bryan v. State

This record does not present a basis for me to differentiate intent as an element in a rape case from the statutory criteria that can reasonably be construed as being “for the purposes of sexual arousal, gratification or abuse.” Section 6-2-301(a)(vii)(A), W.S.1977. It would appear that the legislature intended for the statute to speak to intent of the actor. Otherwise, a doctor, in proper practice of his profession, could be accused of rape even if his purpose was to save the life of his patient.

I would find a rape case of whatever character is a rape case invoking a requirement of an intent…