Sex Offenses

Question 1

What are the elements of rape?

Answer 1

1. Sex (with accused or someone else)
2. Without the victim’s consent
3. Accomplished either:
   
   • By force
   • By the threat of force
   • When the victim lacks physical/mental capacity
   • or is under 13 years of age

Question 2

This is an essential element of the crime of rape.

Answer 2

Penetration, however slight, of a vagina by a penis.

Question 3

Penetration can be proven by…

Answer 3

The testimony of the victim or the victim’s doctor.

Question 4

Virginia’s rape statute is gender neutral, meaning that…

Answer 4

either a male or female may be convicted of rape.

Question 5

In rape cases, no corroboration of the victim’s testimony is required for conviction, except….

Answer 5

Where the victim’s story is implausible.

Question 6

In rape cases, evidence of resistance against the perpetrator (is/is not) required.

Answer 6

is not.

Question 7

Under the Rape Shield Statute, no evidence of the complainant’s prior sexual conduct is admissible, unless:

Answer 7

1. the complainant agrees, or
2. it is relevant, and
3. offerred to:
   
   • rebut,
   • show consent, or
   • explain physical evidence (i.e. semen)

Question 8

Virginia’s Rape Shield Statute applies to these types of cases.

Answer 8

All sexual offenses and certain abductions committed for the prupose of prostitution.

Question 9

Before evidence of the complaint’s prior sexual conduct is admitted, this must happen.

Answer 9

An evidentiary hearing must be held.

Question 10

Admissibility of the complaint’s prior sexual conduct is determined…

Answer 10

on a case-by-case basis.

Question 11

What are the elements of attempted rape?

Answer 11

1. Intent to commit rape, and
2. a direct but ineffectual act toward its commission.

Question 12

What is the law regarding juveniles committing rape in Virginia?

Answer 12

There is a rebuttable presumption that a juvenile over the age of 10 but under age 12 does not possess the physical capacity to commit rape.

Question 13

Sexual intercourse with a child under age 13 is punished as…

Answer 13

rape.

Question 14

Virginia’s Statutory Rape law holds that it is a Class _ felony to have carnal knowledge of a child who is between 13-15.

Answer 14

4

Question 15

Statutory Rape charges are reduced if:

Answer 15

1. The accused is a minor
2. The victim is 13-15 years old
3. The age gap between the victim/accused is at least 3 years
4. The victim consented.

Question 16

The cirme of statutory rape is further reduced if…

Answer 16

1. The accused is a minor
2. The victim is 13-15 years old
3. The age gap between the victim/accused is less than 3 years
4. The victim consented.

Question 17

Under VA’s statutory rape law, lack of knowledge of the child’s age (is/is not) a defense.

Answer 17

Is not.

Question 18

What is the crime of taking indecent liberties with a child?

Answer 18

Almost any sexual activity short of intercourse by a person older than 18 with a child younger than 15.

Question 19

A person is guilty of bigamy if he:

Answer 19

1. Marries a person
2. in Virginia
3. while having another spouse.

OR

1. Marries a person
2. in another state
3. while having another living spouse, and
4. cohabitates with the new spouse in Virginia.

Question 20

What are the exceptions to the Bigamy law?

Answer 20

1. Spouse continuously absent for seven years, and the D didn’t know if he was alive;
2. D married with good faith reasonable belief that his former spouse was dead;
3. Divorced prior spouse, or
4. Prior marraige void.

Question 21

A reasonable belief that one’s prior marraige ended in divorce (is/is not) a defense to bigamy.

Answer 21

Is not.