Could high testosterone mitigate in a rape/ assault case?

#1
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
 
#2
oldcolt said:
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
Interesting question; I suspect counter to that mitigation would be evidence that rape is not usually connected with a high "sexual ability" or "high sex drive", if anything the opposite. It seems usually to be a need for power and / or vengeance against the chosen victim as an individual, or where the victim is simply in the eyes of a rapist a convenient way to revenge on society in general.
 
#3
Interestingly, although the original question refered to Rape and Assault, you may be able to introduce evidence of high testosterone levels as a defence to murder by claiming diminished responsibility through a temporary abnormality of mind.

Although I don't think there has been a case re testosterone there was a successful defence of a murder charge (dropped to manslaughter on the grounds of diminished responsibility) brought on by perverted sexual desires that created irresistible impulses. You may be able to argue that someone with extremely high testosterone may suffer irresistible violent urges?


R v Byrne (1970)

[Diminished responsibility - abnormality of the mind impairing mental responsibility]
D strangled to death and then mutilated a young woman in a YWCA, confessing to both in full. D raised the defence of diminished responsibility. Since childhood he had suffered from perverted sexual desires that created irresistible impulses. His acts were driven by one of these impulses on the day in question.

Held: Diminished responsibility covers all the activities of the mind. Abnormality of the mind does no have to be connected with madness.

Lord Parker CJ.
(1) To satisfy the requirements of this defence under the Homicide Act 1957 s 2, D must demonstrate that he suffered from an 'abnormality of the mind' arising from a condition of arrested or retarded development of mind or any inherent causes, or was induced by disease or injury; and that the said abnormality substantially impaired his mental responsibility for his acts in doing or being a party to a killing.
(2) An abnormality of the mind is to be defined widely: 'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal' and covering all cognitive aspects, from perception to rationality and 'willpower'
 
#4
oldcolt said:
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
No who ever committed the rape or assault is responsible for their own actions
 
#5
This is an interesting question, although I think that a prosecutor would seek to strike-it-down on the basis that men are generally larger and more powerful physically.
 

Fugly

ADC
DirtyBAT
#6
Abbey said:
oldcolt said:
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
No who ever committed the rape or assault is responsible for their own actions
Chubb, I sincerely hope you get raped by a serial killer.
 
#7
Abbey said:
oldcolt said:
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
No who ever committed the rape or assault is responsible for their own actions
Chubb, fcuck off you simplistic creature! A serious question does not need your crayoning.
 
#8
Ursus.Maritimus said:
This is an interesting question, although I think that a prosecutor would seek to strike-it-down on the basis that men are generally larger and more powerful physically.
Unless it was a same sex rape. 8O
 
#9
Abbey said:
oldcolt said:
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
No who ever committed the rape or assault is responsible for their own actions
WTF?

If you're Chubb - from what I've learned of your actions from the Arrsepedia - do, please, go * yourself. Thanks, SO much.
 
#10
Fugly said:
Abbey said:
oldcolt said:
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
No who ever committed the rape or assault is responsible for their own actions
Chubb, I sincerely hope you get raped by a serial killer.
not likely, even they have standards
 

Auld-Yin

ADC
Kit Reviewer
Book Reviewer
Reviews Editor
#11
Sounds like a good description of MDN

2) An abnormality of the mind is to be defined widely: 'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal' and covering all cognitive aspects, from perception to rationality and 'willpower'
 
#12
Auld-Yin said:
Sounds like a good description of MDN

2) An abnormality of the mind is to be defined widely: 'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal' and covering all cognitive aspects, from perception to rationality and 'willpower'
I think the defence brought by Bryne was purpose made for quite a few arrsers :D
 
#14
Interesting question.

Wouldn't this rest on the testimony of an expert witness? I mean it wouldn't it require a clinician or academic with a specialist knowledge of hormones and behaviour to say this could happen (if indeed high levels of testosterone can cause aggressive/aggressive-sexual behaviour)?

Although if the individual suffered from a "history of high testosterone" then maybe it would still be manslaughter because the individual never saught professional help.

Whereas maybe if it was a temporary increase - e.g. medications side effects- then maybe it would be good grounds for defence.

Although a hypothetical question, I think it is a theme that is going to become reality in the future as our understanding of behavioural neuroscience, the effect of physiology, genetics etc, on behaviour, becomes more sophisticated.

Sort of related, I remember reading about a murder charge that was dropped to manslaughter. The individual concerned had ADHD which is associated with poor executive control and behavioural inhibition.

I think the judge accepted that he may have been unable to restrain himself (it was during a fight) but he was responsible for putting himself in that position.
 
#15
I would have thought that any excuse can be used as mitigation, it just depends on how believable the defence counsel is and how gullible the judge and or jury are.
 
#16
amazing__lobster said:
Interesting question.

Wouldn't this rest on the testimony of an expert witness? I mean it wouldn't it require a clinician or academic with a specialist knowledge of hormones and behaviour to say this could happen (if indeed high levels of testosterone can cause aggressive/aggressive-sexual behaviour)?

Although if the individual suffered from a "history of high testosterone" then maybe it would still be manslaughter because the individual never saught professional help.

Whereas maybe if it was a temporary increase - e.g. medications side effects- then maybe it would be good grounds for defence.

Although a hypothetical question, I think it is a theme that is going to become reality in the future as our understanding of behavioural neuroscience, the effect of physiology, genetics etc, on behaviour, becomes more sophisticated.

Sort of related, I remember reading about a murder charge that was dropped to manslaughter. The individual concerned had ADHD which is associated with poor executive control and behavioural inhibition.

I think the judge accepted that he may have been unable to restrain himself (it was during a fight) but he was responsible for putting himself in that position.
I am increasingly concerned by ADHD, it seems like a new industry to excuse peoples revolting behaviour. Working only about ten years ago it was rare, but parent support groups and the US influence seem to have caused an epidemic over here.

How real is it?
 
#17
SIT DOWN AND STUDY!!!!

Cures 99.99999% of AdHD. The remainder are cured by a slap.
 
#18
chocolate_frog said:
SIT DOWN AND STUDY!!!!

Cures 99.99999% of AdHD. The remainder are cured by a slap.
I have to admit with the children and young people I worked with the mother needed a slap as well!
 
#19
tom_dkg said:
oldcolt said:
Could high testosterone levels be succesfully used in mitigation in a rape/ assault case by a defendant?

Deliberately machiavellian (but serious) question purely to stimulate a debate.

As women have succesfully been able to claim chemical imbalance during the menstrual cycle in mitigation, when charged with murder/ assault; I am intrigued to know whether a similar case could (or already has been) made by a male in a rape/ assault case; claiming high testosterone levels as an excuse?


Please note. I have no hidden agenda and mean absolutely no offence to those who have suffered rape or assault by either sex.
Interesting question; I suspect counter to that mitigation would be evidence that rape is not usually connected with a high "sexual ability" or "high sex drive", if anything the opposite. It seems usually to be a need for power and / or vengeance against the chosen victim as an individual, or where the victim is simply in the eyes of a rapist a convenient way to revenge on society in general.
I think it is a very good question, and I am aware of one case in which 'clinicaly proven strong sexual urges' amongst other things was put forward as a defence. I should point out that I heard this information second hand, so I guess its a classic case of hearsay. However, in essence the defence case rested on evidence that the defendant had a long term medical diagnosis of his condition, and was under psych care at the time of the crime. Obviously the defence brought out every expert to back its case. The prosecution however, was able to put forward evidence that the assault/rape has been planned in fine detail by the defendant, thereby proving motive. He had apparently followed the victim on a few occasions, consequently knew where she lived etc. From what I understand the defence was unable to refute this, and when cross examined quite a few of the defence experts got in a mess. Consequently the prosecution won the case. Just as well as at sentencing it turns out this guy had quite a history!

In legal, and moral terms, as Tom has rightly pointed out, statutory rape is viewed as a violent act of power against the victim.

In regard to females and murder and assault charges, I can't say I have heard of the monthlys used as a defence. There usually has to be a history of abuse to back up their case, even then quite a few do time.
 
#20
tom_dkg said:
I am increasingly concerned by ADHD, it seems like a new industry to excuse peoples revolting behaviour. Working only about ten years ago it was rare, but parent support groups and the US influence seem to have caused an epidemic over here.

How real is it?
It can be summerised in one word. Very.

As disorders go, it is probably one of the most researched, with an abundence of genetic and biological evidence to support the validity of it.

Although rather than write you a full criteria of it, here's a link to a very interesting blog, written by a scientist, that touches on ADHD:

http://www.theness.com/neurologicablog/?p=876
 

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