Chapter 10

Front 1

aggravated rape (first degree)

Back 1

rape committed with a weapon, by more than one person, or causing serious physical injury to the victim.

Front 2

asportation

Back 2

the carrying away of another’s property.

Front 3

assault

Back 3

an attempt to commit a battery or intentionally putting another in fear.

Front 4

attempted battery assault

Back 4

consists of having the specific intent to commit a battery and taking substantial steps toward carrying it out without actually completing the attempt.

Front 5

battery

Back 5

unwanted and unjustified offensive touching.

Front 6

common law rape

Back 6

intentional forced heterosexual vaginal penetration by a man with a woman not his wife.

Front 7

common law sodomy

Back 7

anal intercourse between two males.

Front 8

conditional threats

Back 8

not enough to satisfy the mens rea of assault because they’re not immediate.

Front 9

corroboration rule

Back 9

element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim.

Front 10

criminal sexual conduct statutes

Back 10

expanded the definition of “sex offenses” to embrace a wide range of nonconsensual penetrations and contact.

Front 11

cyberstalking

Back 11

the use of the Internet, e-mail, or other electronic communication devices to stalk another person through threatening behavior.

Front 12

extrinsic force (in rape)

Back 12

requires some force in addition to the amount needed to accomplish the penetration.

Front 13

false imprisonment

Back 13

the heart of the crime is depriving others of their personal liberty.

Front 14

force and resistance rule

Back 14

victims had to prove to the courts they didn’t consent to rape by demonstrating that they resisted the force of the rapist.

Front 15

fraud in the fact (in rape)

Back 15

when a rapist fraudulently convinces his victim that the act she consented to was something other than sexual intercourse.

Front 16

fraud in the inducement

Back 16

the fraud is in the benefits promised, not in the act.

Front 17

general intent crime

Back 17

intent to commit the actus reus—the act required in the definition of the crime.

Front 18

honest and reasonable mistake rule

Back 18

a negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consented to sex.

Front 19

intent to instill fear test

Back 19

test that determines if the actor intended to instill fear.

Front 20

intrinsic force (in rape)

Back 20

requires only the amount of force necessary to accomplish the penetration.

Front 21

kidnapping

Back 21

taking and carrying away another person with intent to deprive the other person of personal liberty.

Front 22

marital rape exception

Back 22

legally, husbands can’t rape their wives.

Front 23

mistake of fact

Back 23

to be mistaken about the law or fact; to believe the facts are one thing when they’re really another; a defense whenever the mistake prevents the formation of any fault-based mental attitude.

Front 24

no fault

Back 24

liability that requires neither subjective nor objective fault.

Front 25

objective fear only test

Back 25

test that is used to determine if a reasonable person would be afraid.

Front 26

paramour rule

Back 26

a husband who caught his wife in the act of adultery had adequate provocation to kill and could reduce criminal homicide to voluntary manslaughter.

Front 27

prompt-reporting rule

Back 27

rape victims have to report the rape soon after it occurs.

Front 28

rape

Back 28

intentional sexual penetration by force without consent.

Front 29

rape actus reus

Back 29

the act of sexual penetration.

Front 30

rape shield statutes

Back 30

statutes that prohibit introducing evidence of victims’ past sexual conduct.

Front 31

reasonable mistake of age

Back 31

a defense to statutory rape in California and Alaska if the defendant reasonably believed his victim was over the age of consent.

Front 32

reasonable resistance rule (in rape)

Back 32

the amount of force required to repel rapists to show nonconsent in rape prosecutions.

Front 33

recklessness requirement (regarding consent in rape)

Back 33

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.

Front 34

right of locomotion

Back 34

the right to come and go without restrain.

Front 35

sexual assault statutes

Back 35

expanded the definition of “sex offenses” to embrace a wide range of nonconsensual penetrations and contacts.

Front 36

simple (second-degree) rape

Back 36

rape without aggravated circumstances.

Front 37

stalking

Back 37

intentionally scaring another person by following, tormenting, or harassing.

Front 38

statutory rape

Back 38

to have carnal knowledge of a person under the age of consent whether or not accomplished by force.

Front 39

subjective and objective fear test

Back 39

test that determines if the defendant’s acts induced fear in the victim and would cause a reasonable person to fear.

Front 40

subjective fear only test

Back 40

test that determines if the victim was actually afraid.

Front 41

threat-of-force requirement

Back 41

prosecution must prove a sexual assault victim feared imminent bodily harm and that the fear was reasonable.

Front 42

threatened battery assault

Back 42

sometimes called the crime of “intentional scaring,” it requires only that actors intend to frighten their victims, thus expanding assault beyond attempted battery.

Front 43

unarmed acquaintance rape

Back 43

nonconsensual sex between people who know each other; rape involving dates, lovers, neighbors, coworkers, employers, and so on.

Front 44

utmost resistance standard

Back 44

the requirement that rape victims must use all the physical strength they have to prevent penetration.