Chapter 11 Powerpoint pt. 1 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 11 Powerpoint pt. 1 > Flashcards

Flashcards in Chapter 11 Powerpoint pt. 1 Deck (38)
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1
Q

What are the three categories of crimes against the person?

A

(1) sexual violations (rape and sexual assault)
(2) threat and infliction of bodily harm (assault and battery)
(3) crimes against movement (kidnapping and false imprisonment)

2
Q

_______ _______ are considered second most serious offense against a person, second only to homicide.

A

Sexual offenses

3
Q

Under common law, rape was punishable by ______

A

death

4
Q

The law of rape was rooted in the notion that a man’s daughters and wife were his ________, and that rape involved a _______ on a male’s property rights.

A

property

trespass

5
Q

___________ rape is also known as date rape.

A

Acquaintance

6
Q

Acquaintance rape is also known as _____ rape.

A

date

7
Q

What are the symptoms of rape trauma syndrome?

A

(1) Remembering the Event
(2) Strong Emotions
(3) Psychological Impact
(4) Physical Symptoms
(5) Self-Medication

8
Q

Up until _____ states still recognized a “marital exemption” to rape.

A

1984

9
Q

Up until 1984 states still recognized a “______ ________” to rape.

A

marital exemption

10
Q

How does the common law describe rape?

A

Requires vaginal intercourse by a man with a woman who is not his wife

11
Q

What are the hurdles to overcome under common law when it comes to rape?

A

(1) Immediate complaint
(2) Corroboration rule
(3) Sexual activity
(4) Judicial instruction

12
Q

Under the _______ ____, victims must have resisted [rape] to the utmost in order to establish lack of consent.

A

common law

13
Q

When did courts relax the idea that victims of rape must have resisted to the utmost in order to establish lack of consent?

A

Mid 20th century

14
Q

_____ in the _______ – fraud in the nature of the act

A

Fraud

factum

15
Q

_____ in the ___________- Consent to intercourse that results from a misrepresentation as to the purpose or benefits of the sexual act

A

Fraud

inducement

16
Q

What is the impact of rape reform?

A

(1) Some courts permit victims to present expert witnesses on the issue of rape trauma syndrome
(2) Educate jurors about victim delayed reaction

17
Q

Sexual assault is typically divided into __________ rape (first degree) and ______ rape (second degree).

A

aggravated

simple

18
Q

Sexual assault is typically divided into aggravated rape (___ degree) and simple rape (___ degree).

A

1st

2nd

19
Q

The ______ ____ of modern rape is sexual penetration of the body of a rape victim by force.

A

actus reus

20
Q

What are the three approaches to the actus reus of modern rape?

A

(1) Common law
(2) Model Penal Code
(3) Include digital penetration and penetration with an instrument as well as genital, anal, and oral sex

21
Q

Which approach to the actus reus of modern rape is this: punish genital copulation?

A

Common law

22
Q

Which approach to the actus reus of modern rape is this: expand common law to include anal and oral copulation?

A

Model Penal Code

23
Q

What is the difference between extrinsic and intrinsic force?

A

(1) Extrinsic force – requires an act of force beyond the physical effort required to accomplish penetration
(2) Intrinsic force – requires the amount of force required to achieve penetration

24
Q

_______ force requires some form of physical, mental, or psychological coercion.

A

Extrinsic

25
Q

Extrinsic force requires some form of physical, mental, or psychological _______.

A

coercion

26
Q

Extrinsic force requires some form of _______, ______, or __________ coercion.

A

physical
mental
psychological

27
Q

Intrinsic force establishes lack of ________ and _________ consent.

A

voluntary

affirmative

28
Q

_______ force establishes lack of voluntary and affirmative consent.

A

Intrinsic

29
Q

Some states declare that it is criminal to use a ________ __ ____ to cause another person to submit to sexual penetration

A

position of trust

30
Q

Rape at _______ ____ required that the male defendant intended to engage in _______ _________ with a woman whom he knew was not his wife through force or threat of force.

A

common law

vaginal intercourse

31
Q

Rape at common law required that the male defendant intended to engage in vaginal intercourse with a woman whom he knew was not his wife through ______ or ______ of force.

A

force

threat

32
Q

Under ________ ____, it was a felony to engage in vaginal intercourse with a child younger than the age of ___, regardless of whether there was consent.

A

common law

10

33
Q

Statutory rape is based what type of considerations?

A

(1) Understanding
(2) Harmful
(3) Social values
(4) Vulnerability

34
Q

Statutory rape is a _____ _______ offense in which a male is guilty of rape by engaging in intercourse with an underage female.

A

strict liability

35
Q

What are the various types of reforms for statutory rape?

A

(1) Promiscuity defense
(2) Divide the offense into various categories
(3) Recognize that young people will engage in sexual experimentation and that statutory rape should not be a crime where the parties are roughly the same age, or should be punished less severely.

36
Q

_________ _______ – the victim has had multiple sex partners and can be presumed to have possessed the capacity to appreciate the nature of her act and to have knowingly consented to a sexual relationship

A

Promiscuity defense

37
Q

The _____ _____ ____ limits strict liability to sexual relations with a woman younger than 10 yrs old.

A

Model Penal Code

38
Q

The Model Penal Code limits _____ _______ to sexual relations with a woman younger than ___ yrs old.

A

strict liability

10