SEXUAL ASSAULT RAPE AND PROSTITUTION SEX CRIMES - Chapter 12 Sexual Assault Rape Prostitution and Related Sex Crimes Sexual Relations in the United

SEXUAL ASSAULT RAPE AND PROSTITUTION SEX CRIMES - Chapter...

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Chapter 12Sexual Assault, Rape, Prostitution, and Related Sex Crimes
Sexual Relations in the United States TodaySexual relations become a crime in the United States if:There is a lack of consentThey are conducted with a minor incapable of legal consentThey are conducted with a mentally deficient person or an adult incapable of consentingThey are performed in publicThey are performed for profit (prostitution)They are between a therapist and a patient and in violation of the laws of that state
Rape or Sexual AssaultHistorically, common law rape was nonconsensual carnal knowledge by force or threat of forceToday, rape can be oral, vaginal, or anal, and by penis, finger, tongue, or foreign objectWhile many states continue to use the term rape, many also now define rape as a sexual assault, either first or second degree, depending on the presence of aggravating circumstancesAggravating circumstances include multiple offenders, use of a deadly weapon, causing pregnancy or transmitting sexual disease, or rape of a young child
Sex CrimesThe term sex crime includes a broad classification of offenses that range from serious offenses to nuisance offenses and private offenses between consenting adultsNon-consensual sex is virtually always a crime. In addition, every state has a “statutory rape” law, under which it is a crime to have sex with a child under a specified age, usually 13-16 years of ageOther examples include: Rape, incest, sexual harassment, prostitution, voyeurism, exhibitionism, and child pornography
Historical Elements of RapeHistorically, the criminal elements of rape included many procedural and evidentiary rules such as:Only penetration of the female vagina by the male organOnly if physical force usedWoman had duty to establish continued, forceful resistanceAbsence of prompt complaint was evidence complaint was falsePrior sexual conduct of complainant admissible on consentHusband could not rape wifeCorroboration needed
Modern Elements of RapeToday, many of the historical elements have been abandoned. Now,Rape is gender-neutral, and usually includes oral, anal, and genital penetration, sometimes by a foreign objectMany kinds of coercion in addition to physical force yield lack of “consent”Resistance need only communicate lack of consent, and purely verbal resistance is sufficientCorroboration is not required in most statesHusband-wife exemption removedRelaxation of “prompt report” ruleRape shield laws limit evidence of past sexual conduct of victim
ConsentConsent is an issue typically arising in rape cases. Rape is sexual penetration without consent: “Without consent” generally means:Forced or coerced consentVictim’s expressed lack of consentYouth of victim results in inability to consentIncapacity of victim to give consent (mentally deficient or drugged)
Mistake Consent Given

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