21. The main focus of digital forensics investigations is to recover objective evidence of a criminal activity ( termed actus reus in legal parlance ). 22. However, it would be the " actus reus " of an assault if the victim wrongly believes the gun is, or may be, loaded. 23. The purposeful, reckless, or negligent absence of an action is considered a voluntary action and fulfills the voluntary requirement of " actus reus ". 24. The " mens rea " and " actus reus " of indecent assault are essentially as for common law assault and / or battery. 25. This is recklessness . "'It is the mental state of mind of the person at the time the actus reus was committed " '. 26. A person who uses an innocent agent is subject to the same liability as if they were the one who committed the actus reus . 27. This " actus reus " was a continuing act and the " mens rea " was formed during the relevant time ( see concurrence ). 28. This has been criticised since it breaks the correspondence principle, that the " mens rea " should match the " actus reus " of an offence. 29. This is generally true of rules of the criminal law, which ordinarily impose liability only for the actus reus and mens rea of the defendant himself. 30. A " mens rea " is imputed when a person with reasonable foresight in the same circumstances would have foreseen that the " actus reus " would occur.