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Criminal Law Ch. 10
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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.


Rape


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.


Battery


Unwanted and unjustified offensive touching.


Assault


An attempt to commit a battery or intentionally putting another in fear.


Stalking


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?


Cyberstalking


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.


Kidnapping


Taking and carrying away another person with intent to deprive the other person of personal liberty.


Asportation


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.



False



Cyberstalking constitutes approximately 50 percent of all stalking.



False



The crimes of kidnapping and false imprisonment are specific-intent crimes.



True













































The actus reus of assault is offensive touching.



False



False imprisonment is a vicarious liability crime.



False



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



False



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



True



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



True



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



False



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.



True



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



False



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



False



Stalking is a relatively recent phenomenon.



False



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



False



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



True



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



True



Victim consent is a defense to statutory rape.



False



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



False