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11 Cards in this Set
- Front
- Back
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CL Rape
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1. Unlawful
2. Carnal knowledge (penile penetration of vagina only 3. of a female 4. without consent 5. (in Amer, by force) |
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TPC Sexual Assault
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22.011 (2 deg felony)
1. I/K 2. causes penetration or to penetrate 3. another person 4. w/o consent OR 1-3+child (b) *w/o consent if: 1. compels subm w/ force 2. compels vic w/ threat of force vic believes D can complete 3. no vic consent (D Ks vic is unconscious, unaware, unable to resist) 4. D Ks vic (b/c ment defect) unable to appr act or resist 5. D has I impaired vic w/ drug 6. D is pub svt, coerces 7. D is clergy, etc. Aff Def: spouse, doc, <3yrs age diff for minor |
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TPC Agg Sex Assault
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22.021 (1 dg Felony)
1. 22.021 2. agg factors: ...a. vic < 15 or vic > 65 ...b. D: ......causes SBI ......att death of vic/3P ......acts/words causes fear of death ......threaten death, SBI, KN ......deadly weapon ......date rape (rufie) |
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1970s reform
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1. shift focus from vic's response to D's behavior
2. label crime of violence 3. eliminate spec evid rules 4. rape shield laws 5. eliminate marital exception |
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pre-70s evidentiary devices
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1. resist to utmost
2. signs of injury 3. cry for help 4. prompt report 5. cautionary instruction 6. cross-x on prior sex conduct |
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Traditional statutory rape
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1. Carnal K (penile pene)
2. Female child 3. under age of consent (10-16) **No def: Reasonable mistake of fact re: age |
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TPC indecency with child
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21.11 (2 deg Felony)
1. sex conduct w/ <17 2. w/ intent to arouse, exposes/causes child to expose Def: <3 yr age diff, no duress, not sex offender, or D and vic married |
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Fraud and consent
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Fraud in inducement cannot vitiate consent usually
Fraud in factum can |
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effect of MR on consent in rape law
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where MR attaches to consent, defendant can usually raise MOF re: whether victim consented
if R or N is mens rea, mistake of fact must usually be reasonable if no mens rea, then prosecution need only prove that vic DN consent |
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TEXAS rule on consent
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where D raises evidence of GF mistake, jury gets an instruction and D must prove POE
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Texas MOF defense on stat rape?
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Not clear, b/c no culp obv attaches to ACs, MR as to age may not matter (but, since age makes crime, wouldn't you think it'd need MR?)
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