Sexual Assault Flashcards
what type of rape never requires force
statutory
Consent is not defense to what crime
Indecent A&B 14 and under
For Juvenile Pornography it must involve
A person under 18
Sexual conduct for a fee 272/53A becomes a felony if the person performing a sex act is under ____ years old
18
(up from previous standard )
A “peeping tom” is best charged with
Disorderly
A conviction for the crime of photographing an unsuspecting person when nude or partially nude does not require that police recover the ______ ______ and present it into evidence
actual photo
(It is the act of taking the photo, not the existence of a photo, that is punished )
A 15 year old student in a residential facility for young males with developmental and emotional disabilities makes sexually provocative comments to his counselor. The counselor flees in tears and later reports the incident to police. Should the student be charged with annoying and accosting ?
Probably not given his disabilities
Telling the children to undress in front of the camera is sufficient to be guilty of
posing a child in a state of nudity
A child under 16 is raped. Name 3 ways that this offense would become aggravated
1)The victim experienced substantial bodily injury
2) The rape occurred while the offender was posing the naked child and taking photographs
3) The childs hands were bound during the rape
When charging aggravated statutory rape remember the are ranges are _______ and _____ and up (ranges )
5 year age gap
10 year age gap
( it has to be over that age )
Statutory rape and indecent A&B on a child under 14 are known as strict liability crimes because
No blameworthy state of mind need to be proven, only the forbidden act
When ever a mandated reporter of child abuse has intercourse with someone under _________ it becomes aggravated statutory rape
16
A child under 16 can be a victim and an offender of statutory rape as long as their is no ______________ ___________
discriminatory enforcement
Rape of a child poses a threat of _____ ____ to the child when considering warrantless entry into a home for community caretaking
Serious injury
Under 265/26D it is unlawful for a suspect to use _______ ________ to knowingly entice a child under _____ years of age, to engage in _______ (in violation of 272/53A) or ______________ ___________ (In violation of 265/50,51,53)
Electronic enticement
18
prostitution
human trafficking
It is a felony under enticement of a child statue to lure a _______ or under into a building with intent to rape
16
Remember when charging enticement of a child the child must be ______ to a specific place to engage in sexual activity
Lure
(Comm v. Hall - The defendant persuaded the victim to send him naked pictures, even though he would be charged with child pornography, he did not entice her to come to a location)
For the crime of disseminating harmful material to a minor 272/28 what is considered matter
All forms of handwritten and or electronic communications is covered
What is the elements to Dissemination of Obscenity to Minors ?
Disseminate or possess with intent
(The suspect purposefully disseminated or possessed with intent to disseminate)
Harmful Matter
(Matter that is harmful to minors)
Knowledge of minor status
(To a person he knows or believes to be a minor)
Knowledge of harmful matter
(While knowing that the matter is harmful to minors)
( Right of arrest: Felony)
The material, when talking of dissemination of obscenity to minors, must lack
Literary, artistic, political or scientific value for minors
For Dissemination it is sufficient if the defendant _______ for the image to go to a child
Intended
( For example if a party is talking to an undercover officer online and send a naked picture, it is sufficient that they intended it to go to a minor )
A person is exempt from prosecution for dissemination of matter harmful to a child if they show ____________to their child
Pornography
( It is a complete defense if the defendant was in a parental or guardianship relationship with the minor or was engaged in educational activities as an employee of a museum or library)
An adult entices a 10 year old to masturbate over a video chat. Is this sufficient to charge the defendant with Child Pornography by performance
Yes the victims masturbating satisfied the definition of performance
A conviction of ________ requires no evidence beyond the victims testimony
rape
Do not confuse excited utterance with first complaint. First complaint does not have to be __________
Spontaneous
233/81 makes _________ __ _______ statements concerning ______ _____ admissible in court from a child under the age of ____ . For this rule to apply
The child must be ______ and The hearsay statement must be _______
Out of court
sexual abuse
10
unavailable
reliable
The complainant, as well as the ______ ______ ______, may testify to the details of the complaint itself and why it was made at that particular time
first complaint witness
There can be multiple first complaint witnesses if there are _____ ______
multiple crimes
The evidence for a sexual assault must be held for the length of the _______ __ _______
statue of limitations
Under 41/97B hospitals must notify law enforcement within _____ hours of processing a sexual assault kit. The 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
24 hours
3 days
7 days
Noninvestigatory kits associated with victims who have not yet filed a report with police must be safely preserved by the police for
The entire statue of limitations for the applicable sexual assault charges
The maximum penalty for a police officer who verbally discloses the name of a rape victim to the public is
$10,000 Criminal fine
265/24C mandates that courts and police departments not publish or “otherwise disclose” to the public the names of victims, whether verbally or in records, relating to arrests, investigations, or complaints for any type of rape, assault with intent to rape, indecent A&B on a child under 14 and ________ _______ ______
Human Sexual Trafficking
List three ways human trafficking can be committed in Massachusetts
1) Sexual Servitude
2)Forced services
3)Organ
What is the right of arrest for Human trafficking
felony
Define forced services as it applies to human trafficking
Services obtained or maintained through threats of physical or financial harm or legal abuse; restraint; confiscation of ID; extortion
It is illegal to sell any _______ part for transplant after a persons death
anatomical
Name 5 possible indicators of human trafficking
1)Someone else has possession of the person’s legal and travel documents
2)The person has injuries from beatings
3)A large number of occupants reside in one living space
4)There are large amounts of cash and condoms present
5) The person has signs of malnourishment
The trafficking statue does not require ______ or _______ when it comes to prostitution
force or coercion
(Consenting adult prostitution can still result in a trafficking charge)
It is an absolute defense to the charge of prostitution that the defendant was a _________ ________ victim at the time
human trafficking
Trafficking charges does not require that the defendant receive something of _______
value
(Comm v. McGhee Trafficking does not require that the offender profit)
A “pimp” cannot use the defense against trafficking that the prostitute was a willing accomplice to the _______
crime
(The conviction of the suspect is permitted because trafficking involves complex dynamics in which a prostitute is often both an accomplice and victim)
