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Common-law rape
Intentional, forced, heterosexual vaginal penetration by a man with a woman not his wife.
Common-law sodomy
Anal intercourse between two males
Sexual assault statutes
Expanded the definition of sex offenses to embrace a wide range of nonconsensual penetrations and contacts
Aggravated rape (first degree):
Rape committed with a weapon, by more than one person, or causing serious physical injury to the victim
Unarmed acquaintance rape
Nonconsensual sex between people who know each other; rape involving dates, lovers, neighbors, co-workers, employers, and so on.
Corroboration rule
Element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim.
Rape shield statutes
Statutes that prohibit introducing evidence of victims’ past sexual conduct.
Prompt-reporting rule
victims have to report the rape soon after it occurs.
Marital rape exception
Legally, husbands can’t rape their wives.
Intentional sexual penetration by force without consent.
Rape actus reus
The act of sexual penetration.
Force and resistance rule
Victims had to prove to the courts they didn’t consent to rape by demonstrating that they resisted the force of the rapist.
Utmost resistance rule
The requirement that rape victims must use all the physical strength they have to prevent penetration.
Reasonable resistance rule (in rape)
The amount of force required to repel rapists to show non-consent in rape prosecutions.
Extrinsic force
Requires some force, in addition to the amount needed to accomplish the penetration.
Intrinsic force
Requires only the amount of force necessary to accomplish the penetration.
Threat-of-force requirement
Prosecution must prove a sexual assault victim feared imminent bodily harm and that the fear was reasonable.
Fraud in the fact (in rape):
When a rapist fraudulently convinces his victim that the act she consented to was something other than sexual intercourse.
Fraud in the inducement
The fraud is in the benefits promised, not in the act.
Honest and reasonable mistake rule
A negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consented to sex.
Recklessness requirement (regarding consent in rape):
Adopted by some states in rape cases; it requires that the defendant has to be aware that there’s a risk the victim hasn’t consented to sexual intercourse.
Statutory rape
To have carnal knowledge of a person under the age of consent whether or not accomplished by force.
Reasonable mistake of age
A defense to statutory rape in California and Alaska, if the defendant reasonably believed his victim was over the age of consent.
Simple rape (second degree):
Rape without aggravated circumstances.
Unwanted and unjustified offensive touching.
An attempt to commit a battery or intentionally putting another in fear.
Intentionally scaring another person by following, tormenting, or harassing.
Attempted battery assault
Consists of having the specific intent to commit a battery and taking substantial steps toward carrying it out, without actually completing the attempt.
Threatened battery assault
Sometimes called the crime of ‘intentional scaring,” it requires only that actors intend to frighten their victims, thus expanding assault beyond attempted battery.
Conditional threats
Not enough to satisfy the mens rea of assault because they’re not immediate.
Subjective and objective fear test
Asks if the defendant’s acts “induced fear in the victim,” and if the acts would “cause a reasonable person to fear.”
Subjective fear only test
Asks, was the victim actually afraid?
Objective fear only test
Asks, would a reasonable person be afraid?
Intent-to-instill-fear test
Asks, did the actor intend to instill fear?
The use of the internet, e-mail, or other electronic communications devices to stalk another person through threatening behavior.
Right of locomotion
The right to come and go without restraint.
Taking and carrying away another person with intent to deprive the other person of personal liberty.
carrying away of another’s property.
False imprisonment
The heart of the crime is depriving others of their personal liberty.
In the Model Penal Code, and most states, simple assault is a felony.
Cyberstalking constitutes approximately 50 percent of all stalking.
The crimes of kidnapping and false imprisonment are specific-intent crimes.
The actus reus of assault is offensive touching.
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