criminal justice chapter 10
Card Set Information
criminal justice chapter 10
Criminal Justice chapter
aggravated rape (first degree)
rape committed with a weapon, by more than one person, or causing serious physical injury to the victim.
the carrying away of another’s property.
an attempt to commit a battery or intentionally putting another in fear.
attempted battery assault
consists of having the specific intent to commit a battery and taking substantial steps toward carrying it out without actually completing the attempt.
unwanted and unjustified offensive touching.
intentional forced heterosexual vaginal penetration by a man with a woman not his wife.
anal intercourse between two males.
not enough to satisfy the mens rea of assault because they’re not immediate.
element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim.
criminal sexual conduct statutes
expanded the definition of sex offenses to embrace a wide range of nonconsensual penetrations and contact.
the use of the Internet, e-mail, or other electronic communications devices to stalk another person through threatening behavior.
requires some force in addition to the amount needed to accomplish the penetration.
the heart of the crime is depriving others of their personal liberty.
force and resistance rule
victims had to prove to the courts they didn’t consent to rape by demonstrating that they resisted the force of the rapist.
fraud in the fact (in rape)
when a rapist fraudulently convinces his victim that the act she consented to was something other than sexual intercourse.
fraud in the inducement
the fraud is in the benefits promised, not in the act.
honest and reasonable mistake rule
a negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consented to sex.
did the actor intend to instill fear?
requires only the amount of force necessary to accomplish the penetration.
taking and carrying away another person with intent to deprive the other person of personal liberty.
marital rape exception
legally, husbands can’t rape their wives.
objective fear only test
would a reasonable person be afraid?
rape victims have to report the rape soon after it occurs.
intentional sexual penetration by force without consent.
rape actus reus
the act of sexual penetration.
rape shield statutes
statutes that prohibit introducing evidence of victims’ past sexual conduct.
reasonable mistake of age
a defense to statutory rape in California and Alaska if the defendant reasonably believed his victim was over the age of consent.
reasonable resistance rule (in rape)
the amount of force required to repel rapists to show nonconsent in rape prosecutions.
recklessness requirement (regarding consent in rape)
adopted by some states in rape cases, it requires that the defendant has to be aware that there’s a risk the victim hasn’t consented to sexual intercourse.
right of locomotion
the right to come and go without restraint.
sexual assault statutes
expanded the definition of sex offenses to embrace a wide range of nonconsensual penetrations and contacts.
simple rape (second degree)
rape without aggravated circumstances.
intentionally scaring another person by following, tormenting, or harassing.
to have carnal knowledge of a person under the age of consent whether or not accomplished by force.
subjective and objective fear test
did the defendant’s acts “induce fear in the victim, and would the acts cause a reasonable person to fear?
subjective fear only test
was the victim actually afraid?
prosecution must prove a sexual assault victim feared imminent bodily harm and that the fear was reasonable.
threatened battery assault
sometimes called the crime of “intentional scaring,” it requires only that actors intend to frighten their victims, thus expanding assault beyond attempted battery.
unarmed acquaintance rape
nonconsensual sex between people who know each other; rape involving dates, lovers, neighbors, co-workers, employers, and so on.
utmost resistance rule
the requirement that rape victims must use all the physical strength they have to prevent penetration.