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State in the interest of M.T.S.
The MTS case represents a shift from a force requirement to a focus on consent. In reading this case, please determine the final test the court announces with respect to rape. What must the prosecution prove, and how does the court define consent?
Please also consider critiques of the court's interpretation of the statute. That is, even if you agree with the result, and many of you will, did the court follow appropriate rules of statutory interpretation?
Finally, does the court retain or announce any mens rea requirement with respect to the consent element, or can we derive one implicitly from the holding?
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