Sexual Assault

Question 1

Sexual battery

Answer 1

No force is used
Offender engages in sexual conduct with victim and:
-coerces victim to submit by any means that would prevent resistance by a person of ordinary resolution
-victim is substantially impaired (voluntary intoxication) and cannot appraise nature of conduct
-offender knows victim submits because they are unaware act is being committed
F3-F2
-offender knows victim submits because victim believes offender is spouse
-offender is coach, teacher, administrator and victim is enrolled in school

Question 2

Unlawful Sexual Conduct With a Minor

Answer 2

Offender is 18 or older
-victim is 13 but less than 16 and not the spouse of offender
-sexual conduct is consensual
F2-M1

Question 3

Gross Sexual Imposition

Answer 3

“Copping a feel”
-Force, threat of force used
-Offender has sexual contact, or causes another to have sexual contact with offender
-Offender impairs/controls victim with drug or intoxicant (date rape drug) by force, threat of force, or deception
-victim is less than 13
-victim’s abilities to resist or consent substantially impaired d/t mental or physical condition, or advanced age
F4-F3

Question 4

Sexual Imposition

Answer 4

“Copping a feel”

• No force is used
• Offender cannot be convicted solely based on victim’s testimony unsupported by other evidence
• Offender has sexual contact with victim(s) AND:
• knows sexual contact is offensive to other person or is reckless in that regard
• knows victim is substantially impaired
• knows victim submits d/t being unaware of situation
• victim is 13, but less than 16, and offender is 18 or older AND is 4 or more years older than victim

Question 5

Importuning

Answer 5

“Asking for sex”
-Requesting sexual activity from someone who is under 16
-Can be face to face, phone, or computer
-Division A: victim is less than 13
-Division B: victim is 13 but less than 16 (or cop posing as same)
-Division C: victim is less than 13 (or cop posing as same) and offender is 18 > AND 4 or more years older than victim
-Division D: victim is 13, but less than 16 (or cop posing as same) and offender is 18 or older AND 4 or more years older than victim
F5-F2

Question 6

Voyeurism

Answer 6

“Peeping Tom”
-Offender’s purpose is to sexually gratify themselves and they commit trespass or invade privacy of another to do so
-Spy or eavesdrop on another
-Videotape, film, photograph, victim through or under clothing for purpose of viewing body or undergarments of victim
F5-M3

Question 7

Public Indecency

Answer 7

Recklessly
Offender’s actions are likely to be offensive and viewed by others in physical proximity (not family)
-Division A: Victim(s) are adults
>Offender exposes private parts
>Offender engages in sexual conduct or masterbation (in public)
>Offender engages in in conduct that to an ordinary observer would be sexual conduct or masterbation
Division B: Victim(s) are minor
>Same as above PLUS: offender exposes private parts with purpose of sexual arousal or to lure minor into sexual activity
M4-F5

Question 8

Rape

Answer 8

• Offender has sexual conduct with victim by force/threat of force
• or offender impairs victim with drug or intoxicant (date rape drug) by deception, force, or threat of force
• victim is under 13
• victim’s ability to resist or consent substantially impaired d/t mental or physical condition, or advanced age