CL CH 11 criminal sexual conduct, assault and battery, kidnapping, false imprisonment

categories of crime against the person

• freedom from sexual violations (rape, sexual assault)

• protection against the threat and infliction of bodily harm (assault and battery)

• freedom of movement (kidnapping, false imprisonment)

the common law of rape

the forcible carnal knowledge of a woman against her eill or vaginal intercourse by a man with man who is not his wife

• required to be carried out by force or threat of severe bodily injury

was rooted in the notion that a man’s daughters and wife were his property and that rape involved a trespass on a males property rights

• treated rape as a capital crime punishable by death.

• in 1925 19 states, the DOC, and the fed gov punished rape with capital punishment

• by 1977 U.S. SC declared the death penalty for rape unconstitutional on the grounds that it was disproportionate to the harm caused by rape

rape today

most states divide rape into three degrees of seriousness

aggravated rape may result in incarceration for a long time or even for life

focus on consent

marital exemption

a male was not guilty of raping his wife at common law

• as late as 1984, 40 states followed this

Why not report rape ?

the stigma and trauma that result from rape

lack of confidence that the CJ system will seriously pursue the prosecution and conviction of offenders

** CJ system is fairly effective in prosecuting “real rape” or cases in which the victim is attacked by an unknown male. but greater challenge in prosecuting acquaintance rape

acquantice rape

rape committed by a perpetrator that is known to the victim

rape trauma syndrome

A psychological and medical condition among victims of rape

symptoms of rape trauma syndrome

• remebering the event (nightmares, replays of the event)

• strong emotions (anger, guilt, depression)

• psychological impact (lose self-confidence, fear trusting others)

• physical symptoms (headaches, stress, STD’s)

• self medication (finding comfort in drug/alc abuse)

prosecurix

Victim or complainant in a rape prosecution

• Various requirements imposed to ensure they were not engaged in blackmail were in an attempt to conceal a consensual affair or suffering from a psychological illness

prosecution hurdles under the CL in order to convict a defendant of rape

immediate complaint: The absence of a prompt complaint by the victims to the authorities was evidence that the. complainant was not genuine

corroboration rule: The victim's allegation of rape required cooperation (physical injury or witnesses)

sexual activity: The victims passed sexual conduct or reputation for chastity was admissible as evidence of consent or on cross examination to attack her credibility

judicial instruction: Judge was required to issue a cautionary instruction to the jury that the victim. that the victim's testimony should be subject to strict scrutiny. because rape is a crime easily charged and difficult to prove

marital exemption: A husband could not be held guilty for raping his wife

the evidence in a prosecution for rape under the common law was a demonstration that the female victim did not consent to sexual intercourse (victim needs to resist to the utmost for no consent)

corroboration

additional evidence supporting the victim's claims, such as witness testimony or physical signs of assault

resist to the utmost

At common law, a rapevictim was required to demonstrate a determined resistance to the rape

• Not only requires escape or withdraw, but also involves resistance by means of hands, limbs and pelvic muscles

• not required when the woman reasonably believed that she confronted a threat of “great and immediate bodily harm that would impair a reasonable persons will to resist”

• or when victim is incapable of understanding the nature of intercourse because of intoxication, sleep, or lack of consciousness

• mid 20th century judges began to release the harsh resistance requirement

more intense

earnest resistance

At common law, this refers to a clear, sincere effort by a victim to resist an assault, reflecting the expectation that victims would actively fight back against an attacker

genuine and determined attempt

less intense

reasonable resistance

resistance to rape that is objectively reasonable under the circumstances

• most courts adopted

fraud in the factum

Misrepresentation in regard to the act to which an individual consent constitutes rape

• fraud in the nature of the act

• ex- if a doctor claims to be performing a medical procedure but instead engages in sexual intercourse

fraud in inducement

Misrepresentation that leads a person to consent to an act they would not have otherwise agreed to but does not constitute rape

ex- consent is obtained through deception, like sexual intercourses needed to cure a disease. even though wrong, still consented… therefore not rape

Cali passed laws saying it is rape

fraudulent representation of identity

a false representation of identity to obtain deceitful consent to sexual relations does not constitute rape

ex- a person who accomplishes sexual intercourse by impersonating someone other than a married victim’s spouse is not guilty of rape

Cali passed laws saying it is rape

rape reform and impacts

1970s and 1980s many states began legislative changes aimed at addressing and improving the legal definitions and handling of rape cases, focusing on victim rights and consent standards

• adoption of rape shield laws to protect victims' sexual history from being used against them in court

impacts:

• some courts permit victims to present expert witnesses on the issue of rape trauma syndrome

• intends to support victims of contention of rape by identifying the psyc and medical conditions (characteristic of rape victims)

modified rape provisions

gender neutral: Both genders can be victims or perpetrators of rape

degrees of rape: Differentiated by seriousness. Forced penetration is more severe than forced contact, and the use of force increases severity

sexual intercourse: Includes forced oral anal or object penetration, as well as nonconsensual contact for gratification

consent: Requires free, affirmative, and voluntary agreement for consensual sex. Resistance is not always necessary

coercion: There is explicit recognition that coercion may be achieved through fraud, psyc pressure, or physical force

marital exemption: Spouses can be charged with rape. Some states still allow marital exemptions where the spouses are not legally separated or living separate and apart

statute of limitations: California and nine other states have eliminated the statute of limitations for various forms of rape and serious sexual offenses in other states have extended their statute of limitations for as long as 20 years.

aggravated rape/ 1st degree

a rape that is more harshly punished based on the use of force, injury to the victim, the fact the perpetrator is a stranger, etc

• requires: infliction or threat of serious bodily injury or death, use of threat to use a deadly weapon, repeated rape, rape accompanied by kidnapping, rape by more than one person, victim younger than 13 and perpetrator older than 18

aggravated sexual assault

broader term that can include non-consensual sexual acts beyond intercourse, with similar aggravating factors like threats, violence, or the use of drugs to incapacitate the victim.

sexual assault

occurs when someone is forced into a sexual act w/o consent, through threats, coercion, fear of harm, intoxication, or when the victim is underage and the perpetrator is older

• min 3yrs, max life + a fine of not more than 25,000

simple rape

less severe than aggravated rape. may involve coercion or lack of consent but w/o the additional elements that escalate the severity

modern definition of rape

requires the sexual penetration of the body of a rape victim by force

3 approaches to defining the actus reus of rape

common law: punished genital copulation

MPC: expands to oral and anal

Criminal sexual conduct/ Sexual assault: includes digital penetration and object penetration as well as genital, anal, and oral

FBI; the penetration, no matter how slight of the vagina or anus with any body part or object, or oral penetration by a sexual organ of another person w/o consent of the victim

extrinsic force

an act of force beyond the physical effort required to accomplish penetration

intrinsic force

requires only the amount of force required to achieve penetration

force requirement

actual force is not required

• can be threat of force, force of fear, force of coercion

actus reus requirements rape (today)

threat of death or serious personal injury

victims fear that the assailant will carry out a reasonable threat

several states have extended the actus reus of rape and declare that it is criminal to use a position of trust to cause another person to submit to sexual penetration

forcible compulsion

phsycial, intellectual, moral, emotional, or psychological force either express or implied

• force isn’t required when the victim is a juvenile (statutory)

Mens rea of rape CL

required that the male defendant intended to engage in vagina intercourse with a woman who he knew was not his wife through force or the threat of force

• no clear guidelines as to whether a defendant was required to be aware that the intercourse was w/o the female’s consent

Objective test on mens rea of rape

a defendant honestly and reasonably believed that the rape victim consented

• people v mayberry

• majority of states adopted

• requires equivocal conduct

equivocal conduct

the victims’ nonconsensual actions were capable of being reasonably, but mistakenly interpreted by the assailant as indicating consent

• would an ordinary individual observing a person’s acts determine that the person intended to commit a crime

statutory rape

having sexual relations with a juvenile was not a crime under early English law as long as there was consent

• modified by a statute that declared a felony if the child was under 10 y/o

• adopted into the CL, but American legislators gradually raised age to between 11 and 14

• STRICT LIABILITY OFFENSE

• 45 states recognize as a gender-neutral offense

• 5 still restrict guilt to only males

Statutory rape considerations

understanding: minors considered incapable of understanding the nature and consequences of their act

harmful: sexual relations are psychologically damaging to minors and may lead to pregnancy

social values: this conduct is immoral and is contrary to social values

Vulnerability: the protection of females is based on the fact that males are typically the aggressor and take advantage of vulnerability of immature females

withdrawal of consent

individuals who initially consent to sexual penetration may change their mind

• Illinois became the first state to pass a law on this in 2003

People v John Z (rape)

Cali SC ruled that if a person withdrawals consent during intercourse and the other party continues against their will, it constitutes forcible rape

court emphasized that consent can be withdrawal at any time and ignoring this withdrawal nullifies any prior consent

rape shield laws at CL

permitted the defense to introduce evidence concerning

• victims’ prior sexual relations with the accused

• prior sexual relations with individuals other than the accused

• evidence concerning the alleged victim’s reputation for chastity

rape shield laws Modern

continues to permit to permit the introduction of evidence relating to sexual activity between the accused and the victim, but nothing else

rape shield laws

the prosecution may not introduce evidence relating to the victims’ sexual relations with individuals other than the accused

• also, may not introduce evidence pertaining to the victim’s reputation for chastity

why do rape shield laws exist

harassment: they prevent the defense attorney from harassing the victim

relevance: the evidence has no relationship to whether the victim consented to sexual relations with the defendant and diverts the attention of the jury from the facts of the case

prejudice: the evidence biases the jury against the accused

complaints: victims aren’t likely to report rape if thet are confronted at trial with evidence or their prior sexual activity

exceptions to rape shield laws

• if the information is relevant to the source of injury or semen

• if it shows a pattern of behavior

• if it suggests a motive to lie

ex- if a victim had a sexual relationship with someone before going to the hospital, it might be relevant to the case

state v Colbath

court ruled that the excluding of evidence of the complainants recent sexual behaviors with others was relevant to the consent defense and not barred by rape shield laws

neeley v commonwealth

virgina ct of app ruled that the trial court wrongly excluded evidence of the alleged victims’ prior sexual relations with her black bf, which explained the hair evidence

• the court found that the evidentiary value outweighed any potential embarrassment

people v wilhelm

michigan court excluded evidence of the victims promiscuous bar conduct by showing men her breasts

• they ruled that it was irrelevant to whether she consented to intercourse with the defendant

luckett v commonwealth

KT ct of app ruled that evidence of the victims prior consent to oral sex was inadmissible, as it didn’t imply to consent to intercourse

fells v state

AK SC ruled that a victim’s HIV status is protected under rape shield laws, as it could imply prior sexual behavior and lead to public humiliation

battery

the application of force to another person

• involves physical contact

(separate offense from assault, but under a single statue with assault )

misdemeanor, serious are punished as aggravated misdemeanors

• aggravated are punished as felonies

not every contact is a battery

• law accepts that police officers and parents are justified in using reasonable force. also, in cases of self-defense or defense of others

assault

may be committed by attempting to commit a battery or by intentionally placing another in fear of a battery

no physical contact

(separate offense from battery, but under a single statue w battery)

the elements of battery Modern

require physical contact that results in bodily injury or offensive touching, a contact that is likely to be regarded as offensive by a reasonable person

the elements of battery MPC

assault and battery are satisfied by an intentional, purposeful, reckless, or negligent intent

• punishies an individual who purposely, knowingly, or recklessly causes bodily injury to another, or negligently causes bodily injury to another with a deadly weapon

aggravated batteries require

serious injury

the use of a dangerous or deadly weapon OR

the intent to rape, kill, or seriously harm

FELONY

mayhem

depriving another individual of a member of the body or disfiguring or rendering it useless

• cuts or diables the tongue, pulls out the eyes, slits the nose, ear or lip

• Bobbit case

• aggravated battery

torture

the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any other sadistic purpose

• act that inflicts great bodily injury on the person of another

• CA penal code punishes with life imprisonment

battery involves:

Act: the application of force that results in bodily injury or offensive contact. Agg battery statutes require serious bodily injury (reasonable person standard)

Intent: the intentional, knowing, reckless, or negligent application of force

Consent: an implied or explicit consent may constitute a defense under certain circumstances

domestic battery

battery against a family member or member of the household

• often victimized behind closed doors

• more severe than other assaults and batteries

coverage is extended to spouses who are living separate and apart, unmarried individuals who are living together, and people who have a child together

People v Irvine

defendant was charged with domestic battery against victim after a physical altercation on the street.

• IL app ct determined that defendant and victim had a “family relationship” under the domestic battery statute because they had sated for 6 weeks and were still sexually involved at the time of the incident

interstate domestic violence

establsihes criminal penalties for any person who travels in interstate or foreign commerce with the intent to kill, injure, harass, or intimidate a spouse, or dating partner

• in the course or as a result of such travel, commits or attempts to commit a crime of violence against a spouse or intimate partner

• min penalty of 5 years

stalking

following another person or placing another person under surveillance

• recognized by every state

cyberstalking

the use of electronic communications to harass or intimidate an individual, often involving threats or stalking behavior

Aggravted assault

generally based on factors similar to those constituting an aggravated battery

• intent to murder, rob, or rape

• with a deadly weapon

• discharge of a firearm from within an automobile

• police/correctional officer, teacher, people over 65, committing during the theft of a vehicle engaged i public or commercial transport

elements of attempted-battery assault

intent: an attempt in most states to commit a battery requires an intent

act: an individual is required to take significant steps toward the commission of the battery

present ability: some states require the present ability to commit battery, meaning an individual won’t be held liable for assault if they were unaware a gun was unloaded

victim: the victim need not be aware of the attempted battery

the crime of assault of placing another in fear of a battery requires

intent: must be intent (or purpose) to cause fear of immediate bodily harm

Act: an act must have a reasonable person fear immediate bodily harm. words alone aren't enough (there must be a physical gesture that creates a fear of imminent harm)

victim: the victim must recognize the assailants act and reasonably fear imminent harm. Threats can depend on the victim meeting the assailant’s demands

state v craig

defendant was convicted of criminal threatening, witness tampering, and stalking

• the charges stemmed from a series of messages he posted on FB and letters he sent to the victim, which led to police intervention and warnings

• defendant challenged the sufficiency of the evidence for the witness tampering and stalking charges, but the NH SC upheld the conviction

kidnapping

the unlawful, nonconsensual, and forcible asportation of an individual

kiddnapping CL

foricble abduction or stealing away of individuals from their home country and sending them to another country

• came of concern in 1932 w the kidnapping of the 20m/o son of Charles lindberg (lindberg law)

• paid $50,000 for randsom of Lindberg Jr

Lindberg Law

prohibits the kidnapping and carrying of individuals across state lines for the purpose of obtaining a ransom or reward

• excluded parents from coverage and established federal jurisdiction over kidnapping cases

AMBER Alert system

established in 1996 for the kidnapping of Amber Hagerman from Arlington TX

Americas Missing: Broadcast emergency response

the taking of hostages is recognized as a crime under the ___

international convention against taking of hostages

• requires countries signing the treaty either to prosecute offenders or to send them to a nation claiming the right to prosecute the offenders

• congress also enacted the victims of trafficking and violence protection act of 2000 & PROTECT Act of 2003 which together helped to combat the international sex trafficking industry

actus reus of kidnapping

forceible movement of a person

mens rea of kidnapping

intent to move or to confine victims w/o their consent

people v chessman

defendant was convicted of kidnapping when he force a rape victim to move 22 feet into his car

• CA SC noted that it is “the fact, not the distance of forcible removal which constitutes kidnapping”

• most courts abandoned this approach

• realized that almost any rape, battery, or robbery involved some movement of a victim

People v Daniels

rejected chessman standard.

CA SC ruled that movements of victims tied directly to crimes like robbery or rape should not be classified as kidnapping

• minor movements don’t count as independent kidnapping with another crime

• NEED TO BE SIGNIFICANT MOVEMENT

people v dominquez

defendant moved the victim from a roadside to a secluded orchard, reducing the chances of detection or escape.

• CA SC ruled that this increased the risk of harm emphasizing that no specific distance is required to classify such movement such as kidnapping

false imprisonment

the intentional and unlawful confinement or restraint of another person

• generally considered misdemeanor

• punishes interference with the freedom and liberty of the individual

  • only difference between FI and Kidnapping is that kidnapping requires moving**

mens rea of false imprisonment

requires an intent to restrain the victim

• the consent of the victim can constitute a defense to false imprisonment

actus reus of false imprisonment

compelling the victim to remain where he did not want to go or go where he did not want to go

• may overlap with other crimes (kidnapping, assault and battery, robbery)

• can be brief or lengthy

shue v state

defendant was acquitted of kidnapping but convicted of false imprisonment after attacking victim and threatening to kill her

• jury concluded she was detained w/o being carried away, meeting the criteria for FI, but not for kidnapping.

people v islas

two gang members his in a womans apartment, creating fear and using implied threats to keep her quiet

a court ruled this amounted to false imprisonment

U.S. v Bradley

2 NH defendants were convicted of misrepresenting the working conditions of their tree removal company to workers recruited from Jamica who were threatened, forcibly detained, and abused when they attempted to return home

U.S. victims of trafficking and violence protection act of 2000

• punishes acts of slavery and forced labor