SEXUAL OFFENSES

Question 1

nonreformed rape definition

Answer 1

sexual intercourse achieved forcibly against the will of a female wihtout her consent

Question 2

sexual assault

Answer 2

doesnt require penetration

Question 3

extreme force

Answer 3

likely to cause serious harm or death

use or threat of extreme force will satisfy both lack of consent and force elements without resistance

when force is less than extreme element not met unles woman resisted and resistance overcome by force or threat

Question 4

constructive force

Answer 4

threat of force, distinguished by fear of force

threat must be manifested in words or actions must be related to intercourse

must be conduct that would cause other person to fear serious harm (some jurisdictions require reasonable apprehension
others say can be reaonable if man knowingly takes advantage of that fear)

Question 5

Resistance requirement

Answer 5

imposes requirement that victim physciall respnd in a manner that externally demonstrates her unwillingness to engage in sex wehre the force is less than extreme

establishes “forcibly against her will”

Question 6

Forcible compulsion

Answer 6

broader than physical force: includes moral psychological intellectual force used to compel person to engage in sex against their will
from Berkowitze case

Question 7

jurisidictions without resistance requirment

Answer 7

lack of resistance by victim may be relevant to claim by defendant that he reasonably believed that victim was consenting to conduct, relevant to reasonable mistake of fact
- facts construed to discredit lack of consent

Question 8

State v Alston

Answer 8

traditional approach
generalized fear from past is insufficient
did not prove force
threat must be manifested in words or actions

Question 9

Rusk v State

Answer 9

choking did not equal actual force
woman did not possess reasonable fear
traditional approach

Question 10

Commonwealth v Berkowitz

Answer 10

dorm room
redefinign force

forcible compulsion