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CJ 2360 FINAL Review

CJ 2360 FINAL Review - CJ 2360 FINAL Review VII Rape and...

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CJ 2360 FINAL Review VII. Rape and Other Sex Related Offenses Rape Trial of William Kennedy Smith changed the views of many Americans towards rapists; they believed a rapist was a lowlife animal who prowled the night and looked like a Neanderthal Groth and Birnbaum suggest that every rapist exhibits anger, power, and sadism 2 Basic Elements of Rape Unlawful sexual intercourse Gender neutral Sexual intercourse doesn’t have to result in a completed act of sexual intercourse Rape shield laws -prohibit the defendant or his attorney from questioning the victim about previous sex life Committed by use of force, fear, or trick Rape may occur when the victim’s resistance is overcome by force, when the victim is placed in a situation in which she fears for her safety and therefore submits to the act, or when the victim is tricked and becomes incapable of giving consent Model Penal Code A male who has sex with a female not his wife is guilty of rape when: He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain, or kidnapping Has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, etc. The female is unconscious The female is less than 10 years old Rape is a felony of the 2 nd degree unless: Serious bodily injury 1
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The victim wasn’t a voluntary social companion of the actor and had not previously permitted him sex, in which case the felony is of the 1 st degree Sodomy and Oral Copulation Similar to rape, the definition and elements of sodomy include the requirement that force or fear be used to overcome resistance Some states punish sodomy even if it is a consensual act between consenting adults in the privacy of their own bedroom Bowers v. Hardwick Lawrence v. Garner VIII. Crimes Against Property Larceny Larceny is a crime directed against the possession, not ownership, or property. The actus reus of the crime is the taking and carrying away. The Elements of Larceny The wrongful taking Actual possession Carrying away Personal property Of another Degrees of Larceny At early common law, there were no degrees of larceny. All larcenies were felonies. By statute in most states, larceny has been divided into grand larceny(a felony) and petty larceny(a misdemeanor), depending on the fair market valueof the property taken. Property more than $100 is subject to grand larceny. Larceny by trick is similar to obtaining property by false pretenses, except that only possession, not title to the property, is passed to defendant(e.g. person steals car, rents for 1 day, then sells car) Consolidation of Theft Offenses To eliminate some of the distinctions between various theft offenses, the trend is to consolidate them into a single theft offense. The prosecutor only needs allege person “stole”
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CJ 2360 FINAL Review - CJ 2360 FINAL Review VII Rape and...

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