Chapter 11 Powerpoint pt. 1 Flashcards
What are the three categories of crimes against the person?
(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)
_______ _______ are considered second most serious offense against a person, second only to homicide.
Sexual offenses
Under common law, rape was punishable by ______
death
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.
property
trespass
___________ rape is also known as date rape.
Acquaintance
Acquaintance rape is also known as _____ rape.
date
What are the symptoms of rape trauma syndrome?
(1) Remembering the Event
(2) Strong Emotions
(3) Psychological Impact
(4) Physical Symptoms
(5) Self-Medication
Up until _____ states still recognized a “marital exemption” to rape.
1984
Up until 1984 states still recognized a “______ ________” to rape.
marital exemption
How does the common law describe rape?
Requires vaginal intercourse by a man with a woman who is not his wife
What are the hurdles to overcome under common law when it comes to rape?
(1) Immediate complaint
(2) Corroboration rule
(3) Sexual activity
(4) Judicial instruction
Under the _______ ____, victims must have resisted [rape] to the utmost in order to establish lack of consent.
common law
When did courts relax the idea that victims of rape must have resisted to the utmost in order to establish lack of consent?
Mid 20th century
_____ in the _______ – fraud in the nature of the act
Fraud
factum
_____ in the ___________- Consent to intercourse that results from a misrepresentation as to the purpose or benefits of the sexual act
Fraud
inducement
What is the impact of rape reform?
(1) Some courts permit victims to present expert witnesses on the issue of rape trauma syndrome
(2) Educate jurors about victim delayed reaction
Sexual assault is typically divided into __________ rape (first degree) and ______ rape (second degree).
aggravated
simple
Sexual assault is typically divided into aggravated rape (___ degree) and simple rape (___ degree).
1st
2nd
The ______ ____ of modern rape is sexual penetration of the body of a rape victim by force.
actus reus
What are the three approaches to the actus reus of modern rape?
(1) Common law
(2) Model Penal Code
(3) Include digital penetration and penetration with an instrument as well as genital, anal, and oral sex
Which approach to the actus reus of modern rape is this: punish genital copulation?
Common law
Which approach to the actus reus of modern rape is this: expand common law to include anal and oral copulation?
Model Penal Code
What is the difference between extrinsic and intrinsic force?
(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
_______ force requires some form of physical, mental, or psychological coercion.
Extrinsic
Extrinsic force requires some form of physical, mental, or psychological _______.
coercion
Extrinsic force requires some form of _______, ______, or __________ coercion.
physical
mental
psychological
Intrinsic force establishes lack of ________ and _________ consent.
voluntary
affirmative
_______ force establishes lack of voluntary and affirmative consent.
Intrinsic
Some states declare that it is criminal to use a ________ __ ____ to cause another person to submit to sexual penetration
position of trust
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.
common law
vaginal intercourse
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.
force
threat
Under ________ ____, it was a felony to engage in vaginal intercourse with a child younger than the age of ___, regardless of whether there was consent.
common law
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Statutory rape is based what type of considerations?
(1) Understanding
(2) Harmful
(3) Social values
(4) Vulnerability
Statutory rape is a _____ _______ offense in which a male is guilty of rape by engaging in intercourse with an underage female.
strict liability
What are the various types of reforms for statutory rape?
(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.
_________ _______ – 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
Promiscuity defense
The _____ _____ ____ limits strict liability to sexual relations with a woman younger than 10 yrs old.
Model Penal Code
The Model Penal Code limits _____ _______ to sexual relations with a woman younger than ___ yrs old.
strict liability
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