Chapter 9 , Rape And Indecent A/B

Question 1

What are the aggravating factors for rape?

Answer 1

Caused serious bodily injury

Joint enterprise

Occurred during the commissioner attempted commission of:
ABDW,ADW, robberies kidnapping, BE

Question 2

What is the charge if someone ejaculate in someone else’s mouth against their will with no touching involved?

Answer 2

Rape

Question 3

Is it rape a penis just goes in between the butt cheeks?

Answer 3

No, there must be so penetration to the anis

Question 4

Does it become aggravated rape a victim got hurt trying to escape?

Answer 4

Yes that does count for serious bodily injuries

Question 5

What are the aggravating factors for rape a child under 16?

Answer 5

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

Question 6

Statutory rape

Answer 6

Unlawful
Intercourse
Under 16

Felony

Question 7

What makes statutory rape aggravated?

Answer 7

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

Question 8

Can a minor commit to statutory rape?

Answer 8

Yes

Question 9

Could you be convicted of forcible rape, and aggravated statutory rape?

Answer 9

Yes, considered two separate defenses

Question 10

Rape by public safety personnel

Answer 10

Public safety personnel

Intercourse

Custody or control

(Includes an inmate who gives consent )

Question 11

Drugging a person for intercourse

Answer 11

Admin drug (forceful interaction or trickery)

Intent to overpower so they or another could have intercourse

Felony

Question 12

Assault with intent to rape

Answer 12

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

Question 13

Indecent a/b age 14 and over

Or

Under 14

Answer 13

Age 14 or older

Indecent
No consent

Felony

Question 14

What makes indecent a/b aggravated ?

Answer 14

In commissioner burglary , be, posing or exhibit child , mandated reporter

Due to a prior offense

Question 15

What is meant by indecent for indecent AB?

Answer 15

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

Question 16

What is the rape shield law and what are exceptions to it? 

Answer 16

Prevent prior sexual history being exposed in court

Except for
Sexual conduct with defendant
Recent sexual conduct that could’ve caused injuries
Evidence pertaining to the victims bias or motivate to fabricate

Question 17

Where can you try a sex assault?

Answer 17

County it reported in OR occurred in