Chapter 11 Powerpoint pt. 1

Question 1

What are the three categories of crimes against the person?

Answer 1

(1) sexual violations (rape and sexual assault)
(2) threat and infliction of bodily harm (assault and battery)
(3) crimes against movement (kidnapping and false imprisonment)

Question 2

_______ _______ are considered second most serious offense against a person, second only to homicide.

Answer 2

Sexual offenses

Question 3

Under common law, rape was punishable by ______

Answer 3

death

Question 4

The law of rape was rooted in the notion that a man’s daughters and wife were his ________, and that rape involved a _______ on a male’s property rights.

Answer 4

property

trespass

Question 5

___________ rape is also known as date rape.

Answer 5

Acquaintance

Question 6

Acquaintance rape is also known as _____ rape.

Answer 6

date

Question 7

What are the symptoms of rape trauma syndrome?

Answer 7

(1) Remembering the Event
(2) Strong Emotions
(3) Psychological Impact
(4) Physical Symptoms
(5) Self-Medication

Question 8

Up until _____ states still recognized a “marital exemption” to rape.

Answer 8

1984

Question 9

Up until 1984 states still recognized a “______ ________” to rape.

Answer 9

marital exemption

Question 10

How does the common law describe rape?

Answer 10

Requires vaginal intercourse by a man with a woman who is not his wife

Question 11

What are the hurdles to overcome under common law when it comes to rape?

Answer 11

(1) Immediate complaint
(2) Corroboration rule
(3) Sexual activity
(4) Judicial instruction

Question 12

Under the _______ ____, victims must have resisted [rape] to the utmost in order to establish lack of consent.

Answer 12

common law

Question 13

When did courts relax the idea that victims of rape must have resisted to the utmost in order to establish lack of consent?

Answer 13

Mid 20th century

Question 14

_____ in the _______ – fraud in the nature of the act

Answer 14

Fraud

factum

Question 15

_____ in the ___________- Consent to intercourse that results from a misrepresentation as to the purpose or benefits of the sexual act

Answer 15

Fraud

inducement

Question 16

What is the impact of rape reform?

Answer 16

(1) Some courts permit victims to present expert witnesses on the issue of rape trauma syndrome
(2) Educate jurors about victim delayed reaction

Question 17

Sexual assault is typically divided into __________ rape (first degree) and ______ rape (second degree).

Answer 17

aggravated

simple

Question 18

Sexual assault is typically divided into aggravated rape (___ degree) and simple rape (___ degree).

Answer 18

1st

2nd

Question 19

The ______ ____ of modern rape is sexual penetration of the body of a rape victim by force.

Answer 19

actus reus

Question 20

What are the three approaches to the actus reus of modern rape?

Answer 20

(1) Common law
(2) Model Penal Code
(3) Include digital penetration and penetration with an instrument as well as genital, anal, and oral sex

Question 21

Which approach to the actus reus of modern rape is this: punish genital copulation?

Answer 21

Common law

Question 22

Which approach to the actus reus of modern rape is this: expand common law to include anal and oral copulation?

Answer 22

Model Penal Code

Question 23

What is the difference between extrinsic and intrinsic force?

Answer 23

(1) Extrinsic force – requires an act of force beyond the physical effort required to accomplish penetration
(2) Intrinsic force – requires the amount of force required to achieve penetration

Question 24

_______ force requires some form of physical, mental, or psychological coercion.

Answer 24

Extrinsic

Question 25

Extrinsic force requires some form of physical, mental, or psychological _______.

Answer 25

coercion

Question 26

Extrinsic force requires some form of _______, ______, or __________ coercion.

Answer 26

physical mental psychological

Question 27

Intrinsic force establishes lack of ________ and _________ consent.

Answer 27

voluntary | affirmative

Question 28

_______ force establishes lack of voluntary and affirmative consent.

Answer 28

Intrinsic

Question 29

Some states declare that it is criminal to use a ________ __ ____ to cause another person to submit to sexual penetration

Answer 29

position of trust

Question 30

Rape at _______ ____ required that the male defendant intended to engage in _______ _________ with a woman whom he knew was not his wife through force or threat of force.

Answer 30

common law | vaginal intercourse

Question 31

Rape at common law required that the male defendant intended to engage in vaginal intercourse with a woman whom he knew was not his wife through ______ or ______ of force.

Answer 31

force | threat

Question 32

Under ________ ____, it was a felony to engage in vaginal intercourse with a child younger than the age of ___, regardless of whether there was consent.

Answer 32

common law | 10

Question 33

Statutory rape is based what type of considerations?

Answer 33

(1) Understanding (2) Harmful (3) Social values (4) Vulnerability

Question 34

Statutory rape is a _____ _______ offense in which a male is guilty of rape by engaging in intercourse with an underage female.

Answer 34

strict liability

Question 35

What are the various types of reforms for statutory rape?

Answer 35

(1) Promiscuity defense (2) Divide the offense into various categories (3) Recognize that young people will engage in sexual experimentation and that statutory rape should not be a crime where the parties are roughly the same age, or should be punished less severely.

Question 36

_________ _______ – the victim has had multiple sex partners and can be presumed to have possessed the capacity to appreciate the nature of her act and to have knowingly consented to a sexual relationship

Answer 36

Promiscuity defense

Question 37

The _____ _____ ____ limits strict liability to sexual relations with a woman younger than 10 yrs old.

Answer 37

Model Penal Code

Question 38

The Model Penal Code limits _____ _______ to sexual relations with a woman younger than ___ yrs old.

Answer 38

strict liability | 10