Chapter 6: Sexual Offenses

Rape

the act of having unlawful carnal knowledge by a man of a woman, forcibly and against her will.

Elements of Rape

Includes unlawful, carnal knowledge, by force or fear, without consent, and of a female.

Unlawful

Includes marital exemption.

Carnal knowledge

vaginal penetration by a penis.

By force or fear; or fraud

enough to compel submission.

Without consent or against the will

Includes early cases - utmost resistance standard and wholly insensible.

Mens rea

specific intent, where the perpetrator knew the victim was not consenting & intended to overcome that resistance with the use of force.

Statutory Rape

sexual intercourse with a female under the age of consent

Rape: MPC

a man who has sexual intercourse with a female who is not his wife is guilty of rape if he compels her to submit by force or threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or the female is unconscious; or the female is less than 10 y/o.

Rape: State Statutes

often follow the MPC's recommendation to grade degrees of rape based on characteristics of the victim and/or incident.

Elements of Rape

unlawful, carnal knowledge (or sexual intercourse), without consent of against the will, of a female, mens rea.

Mens rea

general intent, objective reasonableness test to determine whether the defendant knew or should have known that the victim was not consenting.

Statutory Rape: Age of Consent

age of consent varies by state; it makes no difference whether the act was accomplished against the victim's will, or without the victim's consent or even with consent.

Mistake of Age Defense

strict liability.

Romeo and Juliet Laws

no more than 2-4 yrs age difference between victim & offender; victim below the age of consent & no younger than 12; offender is over the age of majority.

Rape Shield Laws

prohibits the introduction at trial of reputation or opinion evidence of a rape victim's sexual history 'with some exceptions'.

Rape Summary: Actus Reus

unlawful sexual intercourse with force or threat of force without consent.

Rape Summary: Mens Rea

knowing (general intent).

Sodomy: Common Law

Carnal copulation by human beings with each other against nature, or with a beast.

Sodomy: MPC

Renamed to deviate sexual intercourse by force or imposition; not criminal if both parties consent, are of legal age to consent, have the mental capacity to consent, are conducting their relations in private & create no public nuisance.

Sodomy: State Statutes

carnal copulation with members of the same sex or with an animal or unnatural carnal copulation with a member of the opposite sex.

Sodomy: Summary

Actus reus: deviate sexual activity; by force; or without consent; mens rea: intentional, knowing.

Sexual Assault: Common Law

not addressed under common law as a distinct crime; rape required penetration, anything less than that would fall under assault & battery.

Sexual Assault: MPC

forms of sexual assault that do not involve penetration, offensive touching.

Sexual Assault: State Statutes

any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire; without consent.

Child Sexual Abuse

criminalizes touching of children or having the child touch the perpetrator for sexual gratification; consent of the child is never a defense.

Sexual Assault: Summary

Actus Reus: any touching; of the sexual or intimate parts of a person; for the purpose of arousing or gratifying sexual desire; without consent.

Lewdness (Public Indecency): Common Law

Lewd and lascivious behavior; public indecency.

Lewdness (Public Indecency): MPC

Indecent exposure; for arousing or gratifying sexual desires.

Lewdness: State Statutes

Some states reduce the mens rea to reckless rather than purposeful.

Lewdness: U.S. Code

Applies to indecent actions that take place in a federal building or within federal territorial or maritime jurisdiction.

Lewdness Summary

Actus reus: exposure of genitals; in a public place; for the purpose of sexual arousal; in a manner that is offensive.

Other Sex-Related Crimes Against the Person

Importuning (solicitation of sex from a minor), voyeurism (trespass or invasion of privacy to spy for the purpose of sexual arousal), intercourse with a person in custody.

Sex Offender Registration

Sexual predator laws; Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (1994); Megan's Law (1996); Pam Lychner Sex Offender Tracking and Identification Act (1996); Jacob Wetterling Improvement Act (1997); Adam Walsh Child Protection and Safety Act (2006).