Chapter 7: Rape and Other Violent Crimes Flashcards
A ___ is not a constitutional sanction for rape.
Death penalty
Traditional elements of rape (common law)
- Sexual intercourse by a man
- With a woman who is not his wife
- By force and against the woman’s will
- Without woman’s consent
What was required to prove each element?
Defendant acted with force/threats, had a mens rea
Rape elements in modern context
- Sexual intercourse
- By force or threat of force
- Without consent
Non-consensual sex is a ___ offense
Lesser
What is the different between the traditional definition of rape versus the modern definition?
No longer requires having sex with a woman who is not his wife
Susan Estrich article: What is “real rape”?
“Traditional rape”
- Stranger puts a gun to the head of his victims, threatens to kill her or beats her, and engages in intercourse
No prosecutions where evictees were ___; ___ defendants punished more harshly than ___ defendants
Black, black, white
___ - example of lynchings used to assuage white fears of interracial sex
Emmett Till
Rape shield statutes
Limit defendant’s ability to introduce evidence of victim’s prior sexual conduct
Person having sex with a minor under the age of consent; person is an adult or a minor who is a defined number of years older than the victim
Statutory rape
Statutory rape: Mistake about age of victim is not a defense (T/F)
True
Why is robbery considered a “crime of violence”?
Involves force or threat of force
- Trespassory taking, and
- Carrying away
- Of the personal property of another
- With the intent to permanently deprive the owner
5 B force or threat of force
Robbery
___ + ___ = robbery
Larceny, assault
