Earlier quoted context omitted.
So, you are saying that while watering my lawn if I feel deep in my heart I'm committing a crime then I am, in fact, committing a crime? Plus your stabbing example doesn't explain anything since you would have indeed physically harmed someone which is against the law in most jurisdictions. Considering your rape/not-rape example, a better example is that you would be arrested for thinking about stabbing someone in the…
No, you need two things: the intent* and the act. If the act of watering your lawn isn't an element of any crime, then you're fine. If the victim says that the accused did X, Y, and then Z, that is a statement of fact about what happened. If the victim then says that he doesn't think that X, Y, and Z constitute a crime, that is a statement about the law..which might just be incorrect. * except for strict liability cr…
I am simply saying that in a criminal case if the only evidence presented is the accusation of the prosecution, especially if the supposed victim proclaims they are not a victim of the alleged crime, then I will find it hard to convict if I'm on that jury. Regardless of what the law says or the alleged intent of the accused.
In cases that any law can provide a conviction with no evidence other than an accusation from the state then that's an extremely bad law and should be stricken.