Criminal Law - Ch. 11 - Criminal Sexual Conduct, Assault and Battery, Kidnapping, and False Imprisonment

Acquaintance Rape

rape committed by someone known to the victim

Aggravated Rape

rape that is harshly punished due to the use of force, injury to the victim, the perpetrator is a stranger, etc.

Aggravated Sexual Assault

sexual assault deserving a more severe punishment

Assault and Battery

two separate offenses, typically charged as misdemeanors

Battery

application of force to another person

Assault

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

Corroboration

additional facts that support and lend credibility to the elements of a criminal charge or defense

Cyberstalking

transmitting a threat through an electronic device

Domestic Battery

battery against a family member or a member of the household

Earnest Resistance

standard of resistance to rape under the common law

Equivocal Conduct

defense to rape; the victim’s nonconsensual reactions were capable of being reasonable, but mistakenly, interpreted by an assailant as indicating consent to sexual relations

Extrinsic Force

an act of force beyond the effort required to accomplish penetration

False Imprisonment

intentional and unlawful confinement or restraint of another person

Fraud in Inducement

misrepresentation in regard to the purpose of a sexual relationship - does not constitute rape

Fraud in the Factum

misrepresentation in regard to the act the individual consented to - constitutes rape

Fraudulent Representation of Identity

a false representation of identity to obtain deceitful consent to sexual relations

Intrinsic Force

the amount of force required to achieve penetration

Kidnapping

the unlawful, nonconsensual, and forcible movement of an individual

Marital Exemption

Common Law: a male was not guilty of raping his wife

Mayhem

depriving an individual of a body part, disfiguring it or rendering it useless

Prompt Complaint

Common Law: rape victim was required to conduct an immediate report of rape

Prosecutrix

a victim or complainant in a rape prosecution

Rape Shield Laws

the prosecution may not introduce evidence relating to the victim’s sexual relations with those other than the accused, nor evidence pertaining the victim’s reputation for chastity

Rape Trauma Syndrome

a psychological and medical condition common among victims of rape

Reasonable Resistance

resistance to rape that is objectively reasonable under the circumstances

Resist to the Utmost

Common Law: a rape victim was required to demonstrate a determined resistance to the rape

Sexual Assault

assault that involves compelling another to participate in a sexual act without consent, by threatening or coercing the other, by placing them in fear of imminent bodily harm/injury

Stalking

following another person or placing another under surveilance

Statutory Rape

strict liability offense of sex with an underage individual

Torture

the intent to cause cruel pain and suffering for the purpose of revenge, extortion, persuasion, or any other sadistic purpose, and an act that inflicts great bodily injury of another

Withdrawal of Consent

individuals who initially consent to sexual penetration may change their mind