One of the former Vanderbilt Football players accused of rape appears to be ready to put on a defense of intoxication as a defense. The defense for Brandon Vadenburg has filed a report of an expert where they assert that alcohol effected his mental state.
Tennessee Code Annotated 39-11-503 spells out the defense of intoxication It is divided into voluntary intoxication and involuntary intoxication .Voluntary intoxication does negate the mental element of intentional conduct. Only involuntary intoxication is a defense to assert that a person lacked substantial capacity either to appreciate the wrongfulness of the person's conduct or the conform that conduct to the requirements of the law.
The intoxication defense may be used to negate one of the elements in the aggravated rape counts. The state must prove that force or coercion was used or the defendant knows or has reason to know that the victim is mentally defective , mentally incapacitated or physically helpless.
I have used this defense in a first degree murder case to negate intent. However , you must own the fact that it did occur. In my case , the jury returned a verdict of reckless homicide .
The trial starts on November 3rd. Let's see what happens.