Sexual Assault

Question 1

what type of rape never requires force

Answer 1

statutory

Question 2

Consent is not defense to what crime

Answer 2

Indecent A&B 14 and under

Question 3

For Juvenile Pornography it must involve

Answer 3

A person under 18

Question 4

Sexual conduct for a fee 272/53A becomes a felony if the person performing a sex act is under ____ years old

Answer 4

18
(up from previous standard )

Question 5

A “peeping tom” is best charged with

Answer 5

Disorderly

Question 6

A conviction for the crime of photographing an unsuspecting person when nude or partially nude does not require that police recover the ______ ______ and present it into evidence

Answer 6

actual photo
(It is the act of taking the photo, not the existence of a photo, that is punished )

Question 7

A 15 year old student in a residential facility for young males with developmental and emotional disabilities makes sexually provocative comments to his counselor. The counselor flees in tears and later reports the incident to police. Should the student be charged with annoying and accosting ?

Answer 7

Probably not given his disabilities

Question 8

Telling the children to undress in front of the camera is sufficient to be guilty of

Answer 8

posing a child in a state of nudity

Question 9

A child under 16 is raped. Name 3 ways that this offense would become aggravated

Answer 9

1)The victim experienced substantial bodily injury

2) The rape occurred while the offender was posing the naked child and taking photographs

3) The childs hands were bound during the rape

Question 10

When charging aggravated statutory rape remember the are ranges are _______ and _____ and up (ranges )

Answer 10

5 year age gap
10 year age gap

( it has to be over that age )

Question 11

Statutory rape and indecent A&B on a child under 14 are known as strict liability crimes because

Answer 11

No blameworthy state of mind need to be proven, only the forbidden act

Question 12

When ever a mandated reporter of child abuse has intercourse with someone under _________ it becomes aggravated statutory rape

Answer 12

16

Question 13

A child under 16 can be a victim and an offender of statutory rape as long as their is no ______________ ___________

Answer 13

discriminatory enforcement

Question 14

Rape of a child poses a threat of _____ ____ to the child when considering warrantless entry into a home for community caretaking

Answer 14

Serious injury

Question 15

Under 265/26D it is unlawful for a suspect to use _______ ________ to knowingly entice a child under _____ years of age, to engage in _______ (in violation of 272/53A) or ______________ ___________ (In violation of 265/50,51,53)

Answer 15

Electronic enticement
18
prostitution
human trafficking

Question 16

It is a felony under enticement of a child statue to lure a _______ or under into a building with intent to rape

Answer 16

16

Question 17

Remember when charging enticement of a child the child must be ______ to a specific place to engage in sexual activity

Answer 17

Lure
(Comm v. Hall - The defendant persuaded the victim to send him naked pictures, even though he would be charged with child pornography, he did not entice her to come to a location)

Question 18

For the crime of disseminating harmful material to a minor 272/28 what is considered matter

Answer 18

All forms of handwritten and or electronic communications is covered

Question 19

What is the elements to Dissemination of Obscenity to Minors ?

Answer 19

Disseminate or possess with intent
(The suspect purposefully disseminated or possessed with intent to disseminate)

Harmful Matter
(Matter that is harmful to minors)

Knowledge of minor status
(To a person he knows or believes to be a minor)

Knowledge of harmful matter
(While knowing that the matter is harmful to minors)

( Right of arrest: Felony)

Question 20

The material, when talking of dissemination of obscenity to minors, must lack

Answer 20

Literary, artistic, political or scientific value for minors

Question 21

For Dissemination it is sufficient if the defendant _______ for the image to go to a child

Answer 21

Intended
( For example if a party is talking to an undercover officer online and send a naked picture, it is sufficient that they intended it to go to a minor )

Question 22

A person is exempt from prosecution for dissemination of matter harmful to a child if they show ____________to their child

Answer 22

Pornography
( It is a complete defense if the defendant was in a parental or guardianship relationship with the minor or was engaged in educational activities as an employee of a museum or library)

Question 23

An adult entices a 10 year old to masturbate over a video chat. Is this sufficient to charge the defendant with Child Pornography by performance

Answer 23

Yes the victims masturbating satisfied the definition of performance

Question 24

A conviction of ________ requires no evidence beyond the victims testimony

Answer 24

rape

Question 25

Do not confuse excited utterance with first complaint. First complaint does not have to be __________

Answer 25

Spontaneous

Question 26

233/81 makes _________ __ _______ statements concerning ______ _____ admissible in court from a child under the age of ____ . For this rule to apply

The child must be ______ and The hearsay statement must be _______

Answer 26

Out of court
sexual abuse
10

unavailable
reliable

Question 27

The complainant, as well as the ______ ______ ______, may testify to the details of the complaint itself and why it was made at that particular time

Answer 27

first complaint witness

Question 28

There can be multiple first complaint witnesses if there are _____ ______

Answer 28

multiple crimes

Question 29

The evidence for a sexual assault must be held for the length of the _______ __ _______

Answer 29

statue of limitations

Question 30

Under 41/97B hospitals must notify law enforcement within _____ hours of processing a sexual assault kit. The 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 30

24 hours
3 days
7 days

Question 31

Noninvestigatory kits associated with victims who have not yet filed a report with police must be safely preserved by the police for

Answer 31

The entire statue of limitations for the applicable sexual assault charges

Question 32

The maximum penalty for a police officer who verbally discloses the name of a rape victim to the public is

Answer 32

$10,000 Criminal fine

Question 33

265/24C mandates that courts and police departments not publish or “otherwise disclose” to the public the names of victims, whether verbally or in records, relating to arrests, investigations, or complaints for any type of rape, assault with intent to rape, indecent A&B on a child under 14 and ________ _______ ______

Answer 33

Human Sexual Trafficking

Question 34

List three ways human trafficking can be committed in Massachusetts

Answer 34

1) Sexual Servitude

2)Forced services

3)Organ

Question 35

What is the right of arrest for Human trafficking

Answer 35

felony

Question 36

Define forced services as it applies to human trafficking

Answer 36

Services obtained or maintained through threats of physical or financial harm or legal abuse; restraint; confiscation of ID; extortion

Question 37

It is illegal to sell any _______ part for transplant after a persons death

Answer 37

anatomical

Question 38

Name 5 possible indicators of human trafficking

Answer 38

1)Someone else has possession of the person’s legal and travel documents

2)The person has injuries from beatings

3)A large number of occupants reside in one living space

4)There are large amounts of cash and condoms present

5) The person has signs of malnourishment

Question 39

The trafficking statue does not require ______ or _______ when it comes to prostitution

Answer 39

force or coercion
(Consenting adult prostitution can still result in a trafficking charge)

Question 40

It is an absolute defense to the charge of prostitution that the defendant was a _________ ________ victim at the time

Answer 40

human trafficking

Question 41

Trafficking charges does not require that the defendant receive something of _______

Answer 41

value
(Comm v. McGhee Trafficking does not require that the offender profit)

Question 42

A “pimp” cannot use the defense against trafficking that the prostitute was a willing accomplice to the _______

Answer 42

crime
(The conviction of the suspect is permitted because trafficking involves complex dynamics in which a prostitute is often both an accomplice and victim)