Chapter 9 , Rape And Indecent A/B Flashcards
What are the aggravating factors for rape?
Caused serious bodily injury
Joint enterprise
Occurred during the commissioner attempted commission of:
ABDW,ADW, robberies kidnapping, BE
What is the charge if someone ejaculate in someone else’s mouth against their will with no touching involved?
Rape
Is it rape a penis just goes in between the butt cheeks?
No, there must be so penetration to the anis
Does it become aggravated rape a victim got hurt trying to escape?
Yes that does count for serious bodily injuries
What are the aggravating factors for rape a child under 16?
In addition to the regular three:
Bound
Drug alcohol without the victims consent
Possible STD - committed in which the victim could contract std about which the defendant knew or should have known
Statutory rape
Unlawful
Intercourse
Under 16
Felony
What makes statutory rape aggravated?
Over Five-year gap: more than a five-year age difference between victim who is under 12
Over 10 year gap : more than 10 years difference between defendant and victim who was between 12 and 16
Mandated reporter
Can a minor commit to statutory rape?
Yes
Could you be convicted of forcible rape, and aggravated statutory rape?
Yes, considered two separate defenses
Rape by public safety personnel
Public safety personnel
Intercourse
Custody or control
(Includes an inmate who gives consent )
Drugging a person for intercourse
Admin drug (forceful interaction or trickery)
Intent to overpower so they or another could have intercourse
Felony
Assault with intent to rape
Committee assault with intent to rape
Felony
SJC said intent can be inferred when:
Female assaulted at night in secluded area,
No prior relationship
No evidence man attempted to steal or was mentally ill
Indecent a/b age 14 and over
Or
Under 14
Age 14 or older
Indecent
No consent
Felony
What makes indecent a/b aggravated ?
In commissioner burglary , be, posing or exhibit child , mandated reporter
Due to a prior offense
What is meant by indecent for indecent AB?
Gentians, butts, breast (over or under clothes)
Humping
Possibly stomach, thighs, lower back (is it sexual)
Forced kissing (with or without tongue)
Thumb in mouth with suggestive comments
Taking a child clothing off
- victim may do the touching
*** for 14 and over must show lack of consent. Cannot consent under 14