Rape and Indecent A&B

Question 1

What is the difference between natural and unnatural intercourse

Answer 1

1) Natural intercourse consists of the insertion, no matter how slight, of the penis into the vagina

2) Unnatural sexual intercourse includes oral intercourse, anal intercourse and other intrusions of the victims genitals or anal opening by the suspects body or objects

Question 2

______ found in the mouth is proof of penetration

Answer 2

sperm

Question 3

The crime of rape does not have to be engaged in for the purpose of the offenders _______ ______

Answer 3

Sexual gratification
(Drug dealer reached into drugs mules anus to retrieve drugs is rape)

Question 4

Elements for Rape 265/22B

Answer 4

Intercourse (The suspect engaged in natural or unnatural sexual intercourse)

Force or by threat (By compelling the victim to submit by force or by threat of bodily injury against their will)

Question 5

When a mentally competent adult willingly consents to intercourse then _______ ______ during intercourse, the continued penetration by the other party is rape

Answer 5

Withdraws consent
(This is called Post Penetration rape)

Question 6

When communicating to a partner that consent is being withdrawn it must be in a way that a __________ __________ would know that the consent was withdrawn

Answer 6

Reasonable person

Question 7

The complainants request that the suspect used a condom is not evidence of __________ to intercourse

Answer 7

Consent

Question 8

What is the standard for capacity to consent to intercourse

Answer 8

Because the consumption of drugs, or alcohol or for some other reason (sleep, unconsciousness, mental disability or helplessness) the victim was so impaired as to be incapable of consenting to intercourse

(The standard for capacity to intercourse is that the Commonwealth must establish beyond a reasonable doubt that the victim was so impaired as to be incapable of consenting to intercourse. An extreme degree of intoxication is required before the incapacity rule will apply)

Question 9

A victims lack of ______ does not establish consent, since a victim is not required to use physical force to resist

Answer 9

Resistance

Question 10

What are the three aggravating factors necessary for aggravated rape

Answer 10

1)Serious Bodily Injury

2) Joint enterprise

3) Attempted or actual ABDW, kidnap, B&E or other offenses

Question 11

For ______ ____, the injury may occur during the escape attempt

Answer 11

aggravated rape

Question 12

What is the difference for the elements of rape and rape of a child under 16

Answer 12

The age is the only difference

Question 13

What are the 6 ways that rape of a child under 16 becomes aggravated

Answer 13

1)Crime
(During the attempted or actual commission of a burglary, home invasion, B&E, Entering Without breaking, kidnapping, robbery, ADW, or ABDW, Posing or exhibiting child in a state of nudity or sexual conduct)

2) Injury (Results in substantial bodily injury)

3) Bound ( Committed while the victim is bound or gagged)

4) Drug or alcohol (Committed after defendant administered or caused to be administered, alcohol or a controlled substance by injection, ingestion, or any other means without the victims consent)

5)Accomplice

6) Possible STD (Committed in a manner in which the victim could contract an STD about which the defendant knew or should have known)

Question 14

The defendant raped his 14 year old. At the time the defendant had been tested for gonorrhea, a sexually transmitted disease. It was only after the rape that he learned he had the disease. Fortunately the child was not infected. Do these facts constitute aggravated rape ?

Answer 14

Yes.
(It is sufficient if the rape is committed in a manner in which the victim COULD CONTRACT a sexually transmitted disease)

Question 15

In order to be convicted of attempted rape of a child the defendant does not have to ______ ______, to some degree, a child under 16 in a manner that demonstrates their intent to complete forced intercourse

Answer 15

Physically assault
(The child does not event have to exist to make out a charge of attempted rape of a child )

Question 16

The law presumes that those under the age of _____ are incapable of consenting to sexual intercourse

Answer 16

16

Question 17

Jerry has sex with a 16 year old girl. What is his best defense to a statutory rape charge

Answer 17

she was old enough

Question 18

A minor can commit ______ ______

Answer 18

statutory rape

Question 19

What are the 3 ways that statutory rape becomes aggravated

Answer 19

1) Over 5 year age gap (more than a 5 year age difference between the defendant and the victim who is under 12)

2) Over 10 year age gap (More than a 10 year age difference between the defendant and the victim, who is between the age of 12 and 16 years old

3) Mandated reporter (At the time of the intercourse the defendant was a mandated reporter of abuse)

Question 20

Indecent A&B by public safety personal can be charged for an SP who is __________ said personal

Answer 20

impersonating

Question 21

A female and male are driving in a car, when the female gets carsick. The male gives her medication that makes her relax. They then have sexual intercourse. Is this Drugging a person for intercourse ?

Answer 21

No, The man did not administer the drug with intent to overpower the woman for sex

Question 22

What is the elements for Drugging Person for intercourse 272/3

Answer 22

Administer drug (The suspect applied, administered or caused to be taken any drug, matter or thing)

Intent to overpower(With the intent to stupefy or overpower the victim so that the suspect or another person could have natural or unnatural sexual intercourse with the victim)

Question 23

When talking about ADMINISTER for drugging a person for intercourse this requires…

Answer 23

some forceful action or trickery by the suspect amounting to more than merely supplying drugs or alcohol to a willing individual

Question 24

List the four factors that show a specific intent to commit rape for Assault with intent to rape

Answer 24

1)Type of assault (touching breasts and/or genitals

2) restrain victim sexually ( holding legs open

3)Sexual comments ad?or advances

4) Prior record or written comments of suspects sex desires

Question 25

To be charged with Assault with intent to rape it does not have to be proven that the SP _______ the victim

Answer 25

touched

Question 26

Children under the age of _____ are presumed incapable of consenting to sexual touching

Answer 26

14

Question 27

When an SP forces the victim to touch him or a third party that is considered _______ _____

Answer 27

Indecent Assault

Question 28

A rape victims ______ alone my be enough for a rape of a child conviction

Answer 28

testimony

Question 29

What is the purpose of the first complaint rule

Answer 29

Provide the Jury with a complete account of how the accusations of sexual assault arose

Question 30

The complainant as well as the first complaint witness may testify to the details of the complaint itself and why it was made at that _______ _______

Answer 30

particular time

Question 31

If a victim does not remember telling someone of sexual abuse can that party still testify as first complaint ?

Answer 31

Yes

Question 32

Asking the victim who else they told about the sexual crime ______ the first complaint doctrine

Answer 32

violates

Question 33

A court will allow another person to testify if the person who received the first complaint is ….(3)

Answer 33

Biased

Unavailable

incompetent

Question 34

A defendant is not ________ from presenting their own first complaint testimony as a defense against a victim that raped them

Answer 34

prohibited

Question 35

The statements of a sexual assault victim that were recorded on a rape kit are _______ in court

Answer 35

admissible

Question 36

The ________ _______ law prevents a victims prior sexual history from being exposed in court

Answer 36

rape shield

Question 37

List the three exceptions to the Rape Shield law

Answer 37

Evidence of
1)the victims sexual conduct with the defendant

2)the victims recent sexual conduct causing her injuries or physical condition

3)the victims bias or motive to fabricate

Question 38

A hospital notifies law enforcement that they have processed a sexual assault kit. 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

Answer 38

3
7