Our client Henry Rayhon is facing Felony charges for having intercourse with is wife when she lacked the mental capacity to consent because she had Alzheimer’s. A lawsuit has been filed against Mr. Rayhons. The named Plaintiff is the State of Iowa vs. Henry Rayhons. An Amicus brief utilizing Florida Law (Florida Statute 794.011 and 784.08). The memo must include an argument for three issues. The issues should be stated separately in a positive statement which reflects your position and the results of your research. In addition there shall be a Conclusion paragraph which sets forth the arguments for either charging or dismissing the action against Mr. Rayhons.
Issues are 1) Whether according to Florida Law Mr. Rayhons committed the criminal act of sexual assault (include the elements and the facts that prove/disprove the crime). 2)Whether Mr. Rayhons intended to commit the felony (his age can be used and possible incapacity). 3)Whether a person suffering from Alzheimers can have moments of capacity and understanding the consequences of their actions (advances in science, concept of the best interest of the family and changes in public policy should be taken into consideration.) Cases that should be cited is State of Florida v. William Rilder. 499 So. 2d 903; 1984 Fla. app. and Zara Wilburn v. State of Florida 763 So. 2d 353; Fla. App
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