Sexual assault crimes

Question 1

Common law rape

Answer 1

• Rape is the unlawful carnal knowledge of a woman by a man, not her husband, forcibly and against her will.
  Elements:
  1) Sexual intercourse (penetration)
  2) With a woman (marital exception/gender specific)
  3) By force or threat of force (Utmost resistance to the attack if D used moderate force)
  4) Against her will/without consent

Question 2

Forcible rape

Answer 2

Force likely to cause death or serious bodily injury or a threat to kill or seriously injure her

Question 3

Forcible rape in cases of less than deadly or serious bodily injury force - resistance requirement

Answer 3

A woman had to physically resist to the utmost and the male had use enough force to overcome such resistance in order for the nonconsensual intercourse to constitute forcible rape

Question 4

Traditional rape statutes

Answer 4

• Forcible rape is sexual intercourse achieved
• by force or threat of force and
• against the woman’s will or without woman’s consent
• No resistance needed or reduced resistance requirement (verbal “no”)

Question 5

Other statutory forms of rape beyond forcible rape

Answer 5

• they include sexual intercourse with someone who is unconscious, drugged, or otherwise unaware (obviously not consensual)
• some states include the situation if a man takes advantage of a woman’s intoxication to have intercourse (no force)

Question 6

Reformed rape : FBI rape

Answer 6

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim

Question 7

Reformed rape

Answer 7

• they include other forms of penetration, such as oral or anal sex
• they narrow or abolish the martial immunity rule
• many are gender-neutral and renamed sexual assault
• and verbal resistance is enough to show a lack of consent “no means no”

Question 8

Reformed rape continued

Answer 8

• elimination of “resisting to the utmost” (refocus on the behavior of the defendant, not victim)
• elimination of the corroboration requirement
• consent can still be a defense
• enacted rape shield laws that restrict introduction of evidence of the victim’s prior sexual conduct

Question 9

TN sexual battery

Answer 9

a) unlawful sexual contact accompanied by any of the following:
1) force or coercion
2) without consent and D knows or has reason to know of lack of consent
3) D knows or has reason to know that victim is mentally defective/ incapacitated
4) fraud

Question 10

Fraud in rape

Answer 10

Consent obtained by force or threat is not valid consent. If a person misleads another to agree to have sex, that is rape by fraud.
2 types:
1) Fraud in factum: person does not know it is sexual intercourse
2) Fraud in inducement: person believes circumstances around sex are different than they are

Question 11

2 level approach to statutory rape offenses

Answer 11

• sexual intercourse with very young people (<13) is still punished like forcible rape
• sexual intercourse involving teenagers, the result often depends on the age difference between the victim and perpetrator