Sexual Offenses

Card Set Information

Author:
luis11lb
ID:
312169
Filename:
Sexual Offenses
Updated:
2015-11-27 13:54:45
Tags:
crimlaw15
Folders:

Description:
school
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  1. Forcible Rape
    • Force: Exists when 
    • (1) Actual: victim resisted and was overcome by force OR 
    • (2) Threat: victim prevented from resisting by a reasonable fear t o her safety
  2. Force Rape: Rusk Case (girl raped after driving man to apartment but no conviction)
    Threat: reasonable person standard 

    Insufficient force:
    lightly choking 

    • Rusk Dissent: 
    • (1) analogy force when handing wallet but not body 
    • (2) Verbal resistance recommended by law enforcement 
    • (3) Physical resistance makes higher likelihood of injuries
  3. Force Rape: Berokowitz Case (girl quickly raped in college dorm but no conviction)
    Threat: reasonable person standard 

    No Consent: verbal resistance relevant (not for force)  

    Circumstances taken into account: degree of force required is relative to circumstances

    • Possible factors: 
    • (1) respective ages
    • (2) respective mental & physical conditions
    • (3) setting of incident
    • (4) accused has position of authority
    • (5) victim under duress
  4. Statutory Rape
    Garnett (retarded man convicted of rape even with consent of victim) 
    Strict Liability: no mens rea needed 

    No defense: reasonable mistake of victim age

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