kidnap/rape Flashcards
three elements of kidnapping
(1) unlawful (2) confinement of a person (3) without his valid consent
define “confinement of a person” as related to kidnapping
victim is either compelled or forced to stay somewhere he doesn’t want to be
define “valid consent” as related to kidnapping
consent must be freely given, person must have capacity to consent
what must the “confinement” element of kidnapping consist of?
confinement must involve either some movement (asportation) of victim or concealment
define four elements of common law rape
(1) carnal knowledge (2) of a womn not his wife (3) forcible, or with threat of force (4) against her will
define MPC rape
when a man compels a female not his wife to submit to intercouse, by force or threat of imminent death, serious bodily injury, extreme pain
what type of sexual intercourse is covered by common law rape?
sexual intercourse between man and woman only, penetration is sufficient, emission not necessary
what 3 kinds of non-forcible sex are also prohibited by MPC?
(1) drug her to keep her from resisting, (2) she’s unconscious, (3) she’s under 10 years old
what mens rea is required for common law rape?
negligence as to whether victim was consenting is enough
what mens rea is required for MPC rape?
silent on level of mens rea required, so recklessness on the issue of consent is enough
what are the two types of “rape by deception”?
fraud in the factum, and fraud in the inducement
what’s “fraud in the factum” related to rape?
fraud in the nature of the act - agreeing to medical procedure when perpetrator engages in sexual activity
what’s “fraud in the inducement” related to rape?
not rape - getting them to consent by deceptive statements or promises
what is “rape by deception”?
victim is misled into agreeing to the contact
when does lack of consent NOT have to be proven in rape?
if the victim is placed in great fear of immediate harm
