Chapter 10: Crimes Against Persons II: Sex Offenses, Bodily Injury, and Personal Restraint

Question 1

common law rape

Answer 1

intentional, forced, nonconsensual, heterosexual vaginal penetration between a man and a woman who is not his wife

Question 2

common law sodomy

Answer 2

anal intercourse between two males

Question 3

carnal knowledge

Answer 3

vaginal sexual intercourse

Question 4

aggravated rape

Answer 4

rape by strangers or individuals with weapons who physically injure their victims

Question 5

unarmed acquaintance rape

Answer 5

aka “date rape”. defined as nonconsensual sex between individuals who are known to one another

Question 6

“assumption of risk” approach to rape cases

Answer 6

view of rape cases that holds the victim accountable for their manner of dress, sexual history, amount of resistance to the attack, and other behaviors deemed socially unacceptable

Question 7

criminal sexual conduct statutes

Answer 7

comprehensive statutes that replaced the single crime of rape with a series of graded offenses, eliminated the resistance and corroboration requirements, restricted the use of evidence regarding the victim’s sexual history, and removed the marital rape exception

Question 8

corroboration requirement

Answer 8

an element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim

Question 9

rape shield laws

Answer 9

statutes that prohibit introducing evidence of victims’ past sexual conduct

Question 10

marital rape exception

Answer 10

provided that husbands could not legally rape their wives

Question 11

force and resistance rule

Answer 11

provided that victims had to prove to the courts that they didn’t consent to rape by demonstrating that they resisted the force of the rapist

Question 12

utmost resistance standard

Answer 12

requirement that rape victims had to use all the physical strength they had to prevent penetration

Question 13

reasonable resistance rule

Answer 13

provides that the amount of force required to repel rapists shows nonconsent in rape prosecution

Question 14

extrinsic force

Answer 14

in rape cases, requires some physical effort in addition to the amount needed to the amount needed to accomplish the penetration

Question 15

intrinsic force

Answer 15

in rape cases, requires only the amount of force necessary to accomplish the penetration

Question 16

cultural cognition

Answer 16

how group values influence individuals’ perceptions of facts

Question 17

threat-of-force requirement

Answer 17

requires the prosecution to prove that they victim experienced both subjective and objective fear in rapes involving threats of force

Question 18

subjective fear

Answer 18

means that the victim honestly feared imminent and serious bodily harm

Question 19

objective fear

Answer 19

means that the fear was reasonable under the circumstances

Question 20

honest and reasonable mistake rule

Answer 20

a negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consented to sex

Question 21

statutory rape

Answer 21

to have carnal knowledge of a person under the age of consent whether or not accomplished by force

Question 22

defense of reasonable mistake of age

Answer 22

a defense to statutory rape in California and Alaska if the defendant reasonably believed his victim was at or over the age of consent

Question 23

battery

Answer 23

unwanted and unjustified offensive touching

Question 24

assault

Answer 24

an attempt to commit battery or intentionally putting another in fear

Question 25

attempted battery assault

Answer 25

having the specific intent to commit battery and taking substantial steps toward carrying it out without actually completing the battery

Question 26

threatened battery assault

Answer 26

intentional scaring requiring only that actors intend to frighten their victims, thus expanding assault beyond attempted battery

Question 27

conditional threats

Answer 27

threats that are not immediate but based upon the existence of certain conditions that don’t presently exist

Question 28

stalking

Answer 28

intentionally scaring another person by following, tormenting, or harassing

Question 29

cyberstalking

Answer 29

the use of the Internet, email, or other electronic communication devices to stalk another person through threatening behavior

Question 30

right of locomotion

Answer 30

the right to come and go without restraint

Question 31

kidnapping

Answer 31

the taking and carrying away of another person with the intent to derive the other person of personal liberty

Question 32

asportation

Answer 32

the act of carrying away or physically moving a victim of kidnapping

Question 33

kidnapping mens rea

Answer 33

the mental element of kidnapping requiring the specific intent to confine, significantly restrain, or hold victims in secret

Question 34

false imprisonment

Answer 34

depriving others of their personal liberty without the asportation requirement