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43 Cards in this Set

  • Front
  • Back
There are __ types of crimes against persons
4
One of the most critical problems in sex offenses is to distinguish flirting and seduction from?
sexual assault
Rape shield statutes
limit evidence of the victim’s reputation or past sexual conduct.
Since the 1970s, rape laws have been reformed by
eliminating or moderating the prompt reporting rule.
Many recent rape statutes have modified the common law by
eliminating the marital rape exception
Rape law reforms since the 1970s have
included additional types of sexual penetration.
The vast majority of rape victims are raped by
men they know
Force beyond that required to complete sexual penetration or contact is
not always required to satisfy the force requirement in rape.
What kind of crime is rape?
general intent
Statutory rape is what kind of crime in most states?
strict liability
To satisfy the threat-of-force requirement in a sexual assault trial, the prosecution must show that the victim honestly feared imminent and serious harm and
the victim’s fear was reasonable under the circumstances.
Kidnapping and false imprisonment both violate what right?
the right of locomotion
In Regina v. Morgan (1975), Britain’s highest court held that the defendants were not guilty of rape because they
reasonably believed the victim has consented.
Which crime of rape involves an adult having sex with a child, even if the child consented?
statutory
What crime is second only to murder in being regarded as the most serious crime?
rape
In states that recognize the defense of “reasonable mistake of age” in statutory rape prosecutions, what is the mens rea with regard to the circumstance of age?
negligence
Most state statutes classify sexual assaults where the victim suffers serious bodily harm, as
aggravated rape.
A battery is an unjustified
unwanted and unjustified offensive touching.
An assault is basically either a threatened or attempted
battery.
In the 1970s and 80s many states abolished what rule that required prosecution to back up rape victims’ testimony with that of other witnesses?
the corroboration rule
Sexual assault statutes have shifted the emphasis
away from whether there was consent by the victim to the unwanted advances by the perpetrator.
In most jurisdictions, rape today includes ___ elements
three
Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade?
since the early 1970s
Tricking the victim into believing the act she consented to wasn’t sexual intercourse is known as
fraud in the fact.
Under the Model Penal Code, a person who knowingly aims a firearm at or in the direction of another person has committed
a misdemeanor assault.
The crime of stalking
was first enacted in California in 1990
Why are rape and other sexual assaults different from all other felonies?
because under other circumstances, the behaviors connected with them are legal, healthy and desired
What fear test have most states adopted from the Model Penal Code to evaluate the harm caused to the stalking victim?
objective
What crime is it when a person uses the internet, email, or other electronic communication devices to stalk another person?
cyber-stalking
Asportation is one of the elements of kidnapping. Asportation means
carrying away.
At common law, kidnapping consisted of how many elements?
six
Modern interpretations of the asportation actus reus in the crime of kidnapping
have made the requirement virtually meaningless
What kind of crime is false imprisonment?
specific intent
How have modern court opinions changed the strict definitions of rape, and sexual assault, or criminal sexual conduct?
modern court opinions have relaxed the strict definitions of rape, and sexual assault, or criminal sexual conduct
Domestic violence crimes since the early 1970s have been transformed from a private concern to a
criminal justice problem.
Modern court opinions have relaxed the strict definitions of rape.
T
Rape law reform began seriously in the 1970s.
T
The vast majority of rape victims are raped by strangers.
F
Most states have passed rape shield statutes.
T
Modern statutes and the Model Penal Code make most simple assaults a felony.
F
Stalking, although an ancient practice, is a new crime.
T
False imprisonment is a lesser form of personal restraint than kidnapping.
T
Conditional threats to a victim are sufficient to establish the crime of assault.
F