Crimes against Person (sex+confinement)

Question 1

Rape

Answer 1

unlawful carnal knowledge of a woman by a man, who is not her husband, without her consent.
-general intent crime

Question 2

Rape: defenses

Answer 2

When criminal liability depends on the child’s age being below a critical age other than 10, it is a defense for the actor to prove by a preponderance of the evidence that he reasonably believed the child to be above the critical age(above 10 is a defense)

Question 3

False Imprisonment

Answer 3

unlawful confinement of a person without valid consent
-general intent crime

Question 4

Kidnapping

Answer 4

unlawful confinement of a person without valid consent with either movement or hiding the person
-general intent crime

Question 5

Extent of Confinement

Answer 5

Victim’s freedom of movement must be significantly restricted by compelling him where he does not wish to go or remain where he does not wish to remain.
-must be accomplished by force, threats or fraud.(without valid consent)
-consent is a valid defense if it is given by someone with a capacity to consent (children cannot)
-movement, any short distance is sufficient like front of car to trunk.