Printed from

Criminal Law Ch. 10

Front Back

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.


False imprisonment is a vicarious liability crime.


The most famous kidnapping case of the 1970s was the kidnapping and murder of Charles Lindbergh’s infant son.


One difference between false imprisonment and kidnapping is that only kidnapping requires asportation of the victim.


At common law, the crime of rape was punishable by death.


At common law, rape was a specific-intent crime.


If the rape victim is mentally deficient, incapacitated by alcohol or drugs, or otherwise not capable of giving a valid consent, it can still be rape even though no force was used or threatened.


Beginning in the 1990s, most states began repealing their rape shield laws.


Over time, the reasonable resistance standard came to be replaced by an utmost resistance standard.


Stalking is a relatively recent phenomenon.


In most modern rape laws, lack of consent of the victim is not a circumstance element.


The extrinsic force standard requires more force than the intrinsic force standard.


Only a few states allow the defense of reasonable mistake of age in statutory rape cases.


Victim consent is a defense to statutory rape.


In a statutory rape case, the prosecution must prove some force or threat of force by the defendant to convict.