Actus Reus

by Imzadi McSpirk

Disclaimers: Star Trek belongs to Gene Roddenberry and Paramount and Star Trek 2009 belongs to JJ Abrams. No infringement intended. I only own the original characters, original places, and this story.

Codes: McCoy, Kirk, Spock, Angst, Hurt/Comfort, AU

Rating: T

A/N: Feedback welcome. This is my first fic for the movie and only my second fic. All tips are welcome as well. Please take the time to review, I would love to hear what you think.

A/N 2: Actus Reus is Latin for guilty act. After reading this you will understand why it's called this.

Copyright © 2011 Imzadi McSpirk

The Enterprise had returned to Earth for a two week shore leave while the ship was undergoing a maintenance overhaul. The crew visited with their families with the exception of Captain James Tiberius Kirk, known as Jim to friends, and Commander Spock. They had been invited to the McCoy estate in Atlanta by their friend Leonard McCoy known as Bones to Jim and Len to his friends and family.

"Hey, Bones, thanks for letting me spend leave with your family," Jim said as the three friends walked to the transporter room.

"Your kindness is very much appreciated, Len," added Spock.

"You're my friends which means it's the least I can do. Ya might wanna bundle up good Spock. It's winter and last time I checked it was 30 below zero. Wouldn't want you to be a pointy-eared

hobgoblin popsicle."

"Doctor, why would I wish to become a frozen confection which is sweet and devoid of any nutritional value?"

Jim and Bones laughed as the trio stepped onto the transporter platform.

"Energize, Scotty."


The trio materialized outside the McCoy estate. Given that it was nighttime the air was cold and still. There had been a rare snowfall of at least four feet of snow. All of the lights were out in the house with the exception of the door lock/hand scanner. Len placed his hand on the scanner and the door wooshed open allowing them entrance. The three men stepped into the house and the door locked behind them.

"Let me show you to your rooms."

Since they had entered through the back door, they took the stairs near the kitchen. He took Jim to the room on the right of the stairs and Spock to the room across from Jim's. Both rooms were furnished with a double bed, dresser, nightstand, and a video monitor. Jocelyn kept clean sheets and blankets on the beds, so making the beds were unnecessary. He did however give Spock two extra blankets. The Vulcan's body temperature was lower than Humans which meant that he was extremely sensitive to the cold.

Len made his way to the master bedroom and quietly slipped inside. He was changing into pajama pants when the figure in the bed started moving. He turned towards the bed. Hazel met brown as husband and wife stared at each other. He climbed into his spot on the right side of the bed and was immediately embraced.

"Len, you came! You actually came!" she exclaimed.

He pulled back from the embrace a bit and kissed her passionately. "Of course I came darlin'. You guys are my family and I love ya."

"I love you, too." She initiated another passionate kiss.

"I need you." He whispered between kisses. "It's been awhile."

"You got me. You've always had me honey."

Len quickly removed her nightgown and tossed it onto the floor. This was quickly followed by her bra and panties and his pants and boxers. He reached up and took her face in his hands and kissed her slowly and sweetly. He tasted the hot chocolate she had drunk earlier. Jocelyn tasted bourbon. As the kiss deepened she realized just how much she missed her husband. He pulled her until she straddled his hips.


He gently pulled out of her, pulled her into his arms, and pulled the covers up over them. She felt his hand stroking her hair and entwined her fingers with his as they basked in the afterglow.

"I love you, Jocelyn."

"I love you, too, Len." She smiled before sadly asking, "How long are you home for this time?"

"Two weeks."

"I miss you. The kids miss you."

He sat up and pulled her onto his lap. "I know darlin' because I miss you all." He placed a gentle kiss on her head. "We're making the galaxy safe for you and the kids."

At the movement she let out a moan.

"I'm sorry if I hurt you. Do you want something for the pain?"

"I'm fine. It's just been awhile since we've made love."

"If you're sure. How are the kids?"

Len and Jocelyn had two children. Joanna, aged ten, had blonde hair like her mother and brown eyes like her father. Leonard Jr., who went by Lenny was eight. He was a splitting image of his father with his brown hair and brown eyes.

"Other than a couple of problems and them missing their daddy, they're good."

"What problems?" he frowned.

"Joanna and Lenny got into a fight two weeks ago."

"They did what?" Len was shocked because they usually got along well." " Was it physical?"

"Yes, but other than scraped knees and elbows and a blackened eye there were no other injuries."

"What in tarnation caused them to get physical?" He wondered what could cause his children to resort to violence. In the past whenever he and Jocelyn had argued, they had done so when the children weren't around. One thing Bones didn't approve of was the hitting of a female.

"It started out with Joanna telling Lenny and I you were coming home for shore leave."

"Mommy! Lenny! Guess what?" Joanna exclaimed excitedly.

"What?"Jocelyn asked over the stew she was preparing for dinner.

"Tell us!" Lenny urged his big sister.

"Daddy's coming home this week!"

"How do you know this, Jo?" Jocelyn asked.

"He told me the last time he called."

Neither saw Lenny's eyes tear up. "He didn't tell me."

"He wanted it to be a surprise so he told me to tell you today."

She had sent the kids to the playroom to play. After hearing a commotion, she went to the playroom to find Jo and Lenny fighting. Lenny punched Jo in the eye. In retaliation Jo pushed Lenny on the floor.

"Joanna Jocelyn McCoy! Leonard Horatio McCoy Jr! Go to the family room and stand in a corner!"

They did as they were ordered. Jocelyn went and retrieved the medical scanner and dermal regenerator her husband kept at the house. She scanned and treated her daughter's blackened eye before scanning and treating her son's scraped elbows and knees.

"Now, I want you two to sit down and tell me what happened."

Jo sat on one end of the couch, Jocelyn sat in the middle and Lenny sat on the right side.

"You go first Joanna."

"All I said was Daddy trusted me enough to deliver an important message."

"Liar! You said he trusted you more!" Lenny shouted.

"Well he does!"

"Leonard, please don't speak out of turn."

"What else happened? Why did he hit you?"

"He hit me because I said I must be daddy's favorite."

"Leonard, what happened?"

"She said daddy let her deliver the message because she was his favorite."

"Is that why you hit her?"

"No. I hit her because she said he loves her more because they have more things in common."

It was then that Jocelyn noticed the unshead tears in her son's eyes.

"Well he does!" Jo taunted.

"He does not!"

"Does to!"

"Does not!"

"I happen to know for a fact that your father loves you BOTH the SAME. Joanna, you were wrong to say such hurtful and untrue things to your brother."

"If you're dad's favorite, then why am I named after him?" Lenny stuck his tongue out at his big sister.

"Because I'm a girl, dummy!"

"So!"

"At least Daddy didn't leave before my fourth birthday!"

Neither his mother or sister knew that he blamed himself for his father's joining Starfleet. Being four at the time, he thought it was something he'd done that had driven his father away. So neither of them was counting on the reaction they received. Lenny burst into tears. Joanna had pushed one of the few buttons that could make him cry. He was immediately taken into his mother's arms.

"Joanna, that is most certainly NOT the reason why your father joined Starfleet. Furthermore, young lady, that is none of your business. I have had it up to my neck with your rude behavior towards your brother."

In the few minutes it took Jocelyn to lecture Joanna, Lenny had calmed down a lot.

" Leonard,you were wrong to hit your sister. I had better not EVER catch you two hitting each other again. You just count your lucky stars that your father wasn't here. He has zero tolerance for that. Go to your rooms until dinner."

"You didn't punish them?"

"I made them go to bed early."

"Good. I had just received the info when I talked to her. I love Lenny no more or less than I love Jo."

"I had a talk with him about why you're a sensitive subject for him. He thinks he made you leave for the academy."

"He's mistaken."

"Len, he asked why you left."

"What did you tell him?"

"I didn't tell him the truth. He doesn't need to know we separated for awhile after accusations of cheating almost led to us hitting each other."

"Glad we worked things out."

"Me too. What else happened?"

"Lenny has the flu."

"How long has he had it?"

"About three days."

As if on cue, shouts had been heard.