Sexual Behavior Flashcards
Unlawful sexual behavior is based upon what
- penetration (by: mouth, tongue, penis)
- intrusion (any other method than those listed above)
- touching (Contact)
Intimate parts definition
- external
- genitalia
- pubes
- perineum
- breast of any person
- anus, buttocks
Physical helplessness
- unconscious
- asleep
- otherwise unable to indicate a willingness to act
Position of trust
- parent
- guardian
- any person charged with duty or responsibility of a child
sexual intrusion
- any intrusion by any object or any parts of a person’s body
- except the mouth, tongue or penis
sexual penetration
- is sexual intercourse
- cunnilingus
- fellatio
- anal intercourse
what are the subparts to sexual assault?
- physical helplessness
- treatment or examination
- detention facility/hospital/other institution
- age of offender and victim
- erroneous belief
- incapacity
- drugging
- threat of future retaliation
- threat of death/injury/pain/kidnapping
10 sexual assault: Force
Sexual Assault
- Knowingly sexual penetration or intrusion
- the actor causes submission of the victim by means of sufficient consequences
- to cause submission against the victim’s will
Sexual assault Force
- knowingly used force or physically violence
- to cause victims submission
Sexual assault threats of death/injury/pain/kidnap
- knowingly
- threatened victim with imminent death, SBI, extreme pain or kidnapping
- Victim believed the offender had present ability to carry out threat
Threat of future retaliation
- knowingly
- threatened to retaliate in the future
- against victim or another
- in order to cause victim’s submission
- victim believed offender had present ability to carry out threat
Drugging the victim
- Knowingly
- gave the victim
- drug or intoxicant, or other means
- in order to cause victims submission
- without consent
incapacity
- offender knew
- that the victim could not appraise the nature of the victim’s conduct
erroneous belief
- offender knew
- the victim could not appraise the nature
- of the victims conduct
Age of the offender and the victim**
- victim less than 15
- offender was at least 4 years older than victim
- offender is not the spouse of victim
Age of the offender and victim continued
- victim was at least 15 but less than 17
- the offender was at least 10 years
- offender is not the spouse of the victim
is the age of the offender and victim for sexual assault a strict liability law?
yes
Detention facility/Hospital/ Other institution
- Offender in Position of Authority
- victim detained or in custody
- offender used his position of authority
- to coerce the victim to submit
treatment or examination
- offender knowingly
- examined or treated victim
- in a manner substantially inconsistent with reasonable medical practice
- for other than bona fide medial purpose
Physical helplessness
- offender knew the victim was helpless
- and the victim did not consent
what are the subparts to Unlawful Sexual contact
- nonconsensual
- incapacity
- helplessness
- drugging
- detention facility
- treatment or examination
- observations involving children with others
unlawful sexual contact**
- Offender Knowingly
- contacted (touched)
- Does NOT have to be skin to skin
sexual assault on a child
- The touching of the intimate parts of a child
- Knowingly
- Subjected to sexual contact
- less than 15 years old
- not the offenders spouse
- at least 4 years older than child
Sexual assault on a child by one in a position of trust
- Offender was in position of trust
- knowingly
- subjected to sexual contact
- a child less than 18
- who was not the offender’s spouse
Is there an affirmative defense if the child was at least 15 years old and the offender reasonably believed the child to be 18 or older?
yes
T/F
There is no Defense if the child is under 15
True
strict liability
internet sexual exploitation of a child
- knowingly (demand request insistently), invites, or entices
- Through communication network or system
- believes to be under 15
- and at least 4 years younger
- expose or touch the person, own or another person’s intimate parts
- observe the actor’s intimate parts
Sexual assault on a client by psychotherapist
- Knowingly
- inflicted sexual pentation or intrusion
- can occur by therapeutic deception
- offender was a psychotherapist
sexual assault of a client
- Knowingly
- inflicted sexual contact on the victim
- can occur by therapeutic deception
- offender is a psychotherapist
invasion of privacy for sexual gratification
- Knowingly
- observes or takes photos
- of a person’s intimate parts
- without consent where person had a reasonable expectation of privacy
- for purpose of sexual gratification
invasion of privacy for sexual gratification Continued
- observes or takes photos
- of the intimate parts of a person
- under the age of 15 years
- This does not apply if the defendant is less than 4 years older
- than the person observed or photographed
6
- Offender
- Knowingly
- engages in sexual contact, sexual intrusion, or penetration