Doesn't "mens rea" mean "criminal intent"? I can't imagine a better example of this than intent than confessing it through written conversation. Never mind she uploaded it to a service that she explicitly agreed could be checked by employees.
I would love to sue every SaaS company for hard-to-understand terms too, as you suggest, but at what point would Anthropic actually need to tell someone about a terrorist manifesto that their customer gave them to read... Never?