Specifically, the 3:30 mark...
You would be guilty of battery if you are intending to beat the out of someone. But if your intent was only to beat the out of that someone, it would not be murder unless you had the intent to murder or were acting with a willful neglect for life and they can prove that. If it's proven you only intended to beat the out of that someone but did not intend to kill them, it's not murder. But, it would be very likely manslaughter. There are different types of "intent" attached to different crimes.
And, with your example, you are using two crimes (battery and murder), one lesser than the other. In Kobe's case, you have one crime (rape or sexual assault) and another that isn't crime (rough sex). The analogy is not congruent.
A lot of old rich married white guys have mistresses
MiamiHeat owning this thread with logic.
so this article claims to get away with rape, or to you kobe lovers, "cheating on your wife/adultery" you just have to win a lot in sports. wtf?
and yes, kobe admitted he believed the girl didn't feel the sex was consensual. that would make it rape. because that is the definition of rape. unconsensual sex. just one side needs to not give consent. i don't know how it can be any clearer.
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