Sex Crimes Flashcards
(33 cards)
What is the general definition of Rape based on force/threat/intimidation?
Engaging in sexual intercourse with a complaining witness against their will by using force, threat, or intimidation.
What constitutes “sexual intercourse” for Rape?
Penetration, however slight, of the male sexual organ into the female sexual organ (vulva, including labia majora, labia minora, hymen, vaginal opening, or vagina). Evidence like tearing/injury may be needed if penetration is minimal.
Is a victim required to physically resist for a rape charge?
No. “No means no.” Resistance is not required if the victim believes it could result in bodily injury. Lack of crying out or physical resistance does not preclude a charge, but the absence can be considered.
What is a “threat” in the context of Rape?
An expression of intention to do bodily harm
What is “intimidation” in the context of Rape?
Putting the victim in fear of bodily harm by exercising such domination and control as to overcome their mind and overbear their will. This includes psychological pressure on a vulnerable person (“take the victim as they come”).
Can intimidation involve factors other than physical threats?
Yes. Examples include emotional dominance (like a parent-child relationship, even if bad) or economic harm (like threatening a job), as these constitute psychological pressure that could overcome the victim’s will. Threatening suicide can also count.
Is avoiding an embarrassing scene, without fear of bodily harm, considered intimidation?
No, likely not considered intimidation under the definition.
What is the definition of Rape based on the victim’s capacity?
Engaging in sexual intercourse with a complaining witness who suffers from mental incapacity or physical helplessness, where the accused knew or should have known of the condition.
What defines “mental incapacity” for Rape?
A condition that prevents the complaining witness at the time of the offense from understanding the nature or consequences of the sexual act involved. Focus is on the ability to consent and make a choice.
What defines “physical helplessness” for Rape?
Being unconscious or having any other condition existing at the time of the offense that renders the complaining witness physically unable to communicate unwillingness to the act.
Is sex with someone who is asleep considered Rape?
Yes, being asleep falls under physical helplessness, making it rape if the accused knew or should have known the victim was asleep.
What is the definition of Rape based on the victim’s age?
Engaging in sexual intercourse with a child under the age of 13 (12 years old or younger). This is always rape, regardless of consent or other circumstances.
Can a man be raped by a woman under the Rape statute? Can same-sex acts be Rape?
A man can be raped by a woman (requires male penetration into female). Man-on-man or woman-on-woman intercourse is not covered by this specific Rape statute (likely falls under Forcible Sodomy or Object Sexual Penetration).
Can someone who assists in a rape be charged?
Yes, an intervening person who aids or assists (e.g., holds the victim down) can be charged as a principal.
If multiple acts of rape occur during one continuous event with breaks, how can they be charged?
Multiple acts can be charged as separate offenses if there is some break or distinction between them.
Is abduction charged separately from rape?
Yes, abduction is a separate and distinct offense.
What acts constitute Forcible Sodomy (“the big nasties”)?
Engaging in cunnilingus, fellatio, anilingus, or anal intercourse, or causing the complaining witness to engage in such acts.
Same elements as Rape
What are the elements required for Forcible Sodomy (other than the specific sex act)?
The same elements as Rape: against the will via force/threat/intimidation, OR victim has mental incapacity/physical helplessness, OR victim is under 13.
What is Object Sexual Penetration?
Penetrating the labia majora or anus of a complaining witness with any animate or inanimate object, OR causing the complaining witness to penetrate their own labia majora or anus with an object
What are the elements required for Object Sexual Penetration (other than the specific act)?
The same elements as Rape: against the will via force/threat/intimidation, OR victim has mental incapacity/physical helplessness, OR victim is under 13. It must not be for a bona fide medical purpose. (?)
What is Sexual Battery?
Sexually abusing a complaining witness against their will by force, threat, intimidation, or ruse.
What is the definition of “sexual abuse”?
An act committed with the intent to sexually molest, arouse, or gratify any person, where the accused intentionally touches the complaining witness’s intimate parts (or clothing covering them) OR forces the complaining witness to touch the accused’s, witness’s own, or another person’s intimate parts (or clothing covering them).
Sexual battery requires this.
Intentionally touches the complaining intimate parts or material covering:
(1) Intimate parts: gentialia, anus, groin, breast, buttocks
b) Forces complaining witness to touch the accused or witnesses own or another persons intimate parts or material covering
What constitutes “intimate parts” for Sexual Battery?
Genitalia, anus, groin, breast, or buttocks.
What constitutes “force” in the context of Sexual Battery?
Lack of consent is considered force.
