Rape and Indecent A&B Flashcards
What is the difference between natural and unnatural intercourse
1) Natural intercourse consists of the insertion, no matter how slight, of the penis into the vagina
2) Unnatural sexual intercourse includes oral intercourse, anal intercourse and other intrusions of the victims genitals or anal opening by the suspects body or objects
______ found in the mouth is proof of penetration
sperm
The crime of rape does not have to be engaged in for the purpose of the offenders _______ ______
Sexual gratification
(Drug dealer reached into drugs mules anus to retrieve drugs is rape)
Elements for Rape 265/22B
Intercourse (The suspect engaged in natural or unnatural sexual intercourse)
Force or by threat (By compelling the victim to submit by force or by threat of bodily injury against their will)
When a mentally competent adult willingly consents to intercourse then _______ ______ during intercourse, the continued penetration by the other party is rape
Withdraws consent
(This is called Post Penetration rape)
When communicating to a partner that consent is being withdrawn it must be in a way that a __________ __________ would know that the consent was withdrawn
Reasonable person
The complainants request that the suspect used a condom is not evidence of __________ to intercourse
Consent
What is the standard for capacity to consent to intercourse
Because the consumption of drugs, or alcohol or for some other reason (sleep, unconsciousness, mental disability or helplessness) the victim was so impaired as to be incapable of consenting to intercourse
(The standard for capacity to intercourse is that the Commonwealth must establish beyond a reasonable doubt that the victim was so impaired as to be incapable of consenting to intercourse. An extreme degree of intoxication is required before the incapacity rule will apply)
A victims lack of ______ does not establish consent, since a victim is not required to use physical force to resist
Resistance
What are the three aggravating factors necessary for aggravated rape
1)Serious Bodily Injury
2) Joint enterprise
3) Attempted or actual ABDW, kidnap, B&E or other offenses
For ______ ____, the injury may occur during the escape attempt
aggravated rape
What is the difference for the elements of rape and rape of a child under 16
The age is the only difference
What are the 6 ways that rape of a child under 16 becomes aggravated
1)Crime
(During the attempted or actual commission of a burglary, home invasion, B&E, Entering Without breaking, kidnapping, robbery, ADW, or ABDW, Posing or exhibiting child in a state of nudity or sexual conduct)
2) Injury (Results in substantial bodily injury)
3) Bound ( Committed while the victim is bound or gagged)
4) Drug or alcohol (Committed after defendant administered or caused to be administered, alcohol or a controlled substance by injection, ingestion, or any other means without the victims consent)
5)Accomplice
6) Possible STD (Committed in a manner in which the victim could contract an STD about which the defendant knew or should have known)
The defendant raped his 14 year old. At the time the defendant had been tested for gonorrhea, a sexually transmitted disease. It was only after the rape that he learned he had the disease. Fortunately the child was not infected. Do these facts constitute aggravated rape ?
Yes.
(It is sufficient if the rape is committed in a manner in which the victim COULD CONTRACT a sexually transmitted disease)
In order to be convicted of attempted rape of a child the defendant does not have to ______ ______, to some degree, a child under 16 in a manner that demonstrates their intent to complete forced intercourse
Physically assault
(The child does not event have to exist to make out a charge of attempted rape of a child )
The law presumes that those under the age of _____ are incapable of consenting to sexual intercourse
16
Jerry has sex with a 16 year old girl. What is his best defense to a statutory rape charge
she was old enough
A minor can commit ______ ______
statutory rape
What are the 3 ways that statutory rape becomes aggravated
1) Over 5 year age gap (more than a 5 year age difference between the defendant and the victim who is under 12)
2) Over 10 year age gap (More than a 10 year age difference between the defendant and the victim, who is between the age of 12 and 16 years old
3) Mandated reporter (At the time of the intercourse the defendant was a mandated reporter of abuse)
Indecent A&B by public safety personal can be charged for an SP who is __________ said personal
impersonating
A female and male are driving in a car, when the female gets carsick. The male gives her medication that makes her relax. They then have sexual intercourse. Is this Drugging a person for intercourse ?
No, The man did not administer the drug with intent to overpower the woman for sex
What is the elements for Drugging Person for intercourse 272/3
Administer drug (The suspect applied, administered or caused to be taken any drug, matter or thing)
Intent to overpower(With the intent to stupefy or overpower the victim so that the suspect or another person could have natural or unnatural sexual intercourse with the victim)
When talking about ADMINISTER for drugging a person for intercourse this requires…
some forceful action or trickery by the suspect amounting to more than merely supplying drugs or alcohol to a willing individual
List the four factors that show a specific intent to commit rape for Assault with intent to rape
1)Type of assault (touching breasts and/or genitals
2) restrain victim sexually ( holding legs open
3)Sexual comments ad?or advances
4) Prior record or written comments of suspects sex desires
To be charged with Assault with intent to rape it does not have to be proven that the SP _______ the victim
touched
Children under the age of _____ are presumed incapable of consenting to sexual touching
14
When an SP forces the victim to touch him or a third party that is considered _______ _____
Indecent Assault
A rape victims ______ alone my be enough for a rape of a child conviction
testimony
What is the purpose of the first complaint rule
Provide the Jury with a complete account of how the accusations of sexual assault arose
The complainant as well as the first complaint witness may testify to the details of the complaint itself and why it was made at that _______ _______
particular time
If a victim does not remember telling someone of sexual abuse can that party still testify as first complaint ?
Yes
Asking the victim who else they told about the sexual crime ______ the first complaint doctrine
violates
A court will allow another person to testify if the person who received the first complaint is ….(3)
Biased
Unavailable
incompetent
A defendant is not ________ from presenting their own first complaint testimony as a defense against a victim that raped them
prohibited
The statements of a sexual assault victim that were recorded on a rape kit are _______ in court
admissible
The ________ _______ law prevents a victims prior sexual history from being exposed in court
rape shield
List the three exceptions to the Rape Shield law
Evidence of
1)the victims sexual conduct with the defendant
2)the victims recent sexual conduct causing her injuries or physical condition
3)the victims bias or motive to fabricate
A hospital notifies law enforcement that they have processed a sexual assault kit. Police must take possession of the kit within _____ business days of notification and submit it to the crime lab within _____ business days of taking possession
3
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