Chapter 7 - Crimes Against Persons: Sex Offenses

What is a fairly recent, headline case of sexual assault where the accused offender received what was considered a light sentence because of his economic status? The Brock Turner case, where a Stanford University swimmer was convicted of sexually assaulting an unconscious woman but was sentenced to only six months in county jail.

The percentage of reported rapes end up with a prison sentence for the offender: 6%

How many males will be victims of rape over their lifetime: 1 in 71

Elements of rape

There are two main elements to the crime of rape

1. Unlawful sexual intercourse

2. Committed by force, fear or trick

Sexual intercourse: means vaginal intercourse, anal intercourse, fellatio or cunnilingus between persons regardless of sex. Its meaning is limited to persons not married to each other. Penetration, however slight, is sufficient to complete vaginal intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may be committed by an object manipulated by the actor into the genital or anal opening of the victim's body.

Should a rape victim’s sexual history should be allowed for use in the defense of rape defendent? No

Three common and distinct situations in relation to the commission of sexual assualt:

1. Sexual assault committed by force

2. Sexual assault committed by fear

3. Sexual assault committed by trick

Committed by force: The defendant employs the use of brute physical force to compel the victim to acquiesce. Physical force can include a physical assault with hands, feet, weapons or other objects. Victims in these cases are often left with serious physical injuries.

Committed by fear: This is a situation when the defendant places the victim in fear for his/her own well-being and safety and causes the victim to acquiesce to the advances of the defendant. This type of fear can be the result of the defendant displaying a weapon or making some other type of physical threat.

Committed by fear: This is a situation when the defendant places the victim in fear for his/her own well-being and safety and causes the victim to acquiesce to the advances of the defendant. This type of fear can be the result of the defendant displaying a weapon or making some other type of physical threat.

Martial/Spousal rape: During the time of common law the courts assumed that consent was automatically present for married couples to have sexual relations. As society and attitudes have changed over time most states have legislated specific laws that address the act of spousal sexual assault.

Someone in the U.S is sexually assaulted every: 8 seconds

The rape statistics video indicates there is no national law addressing sexual assaults or punishments for those who commit those crimes. Do you think there should be a national law, yes or no? Yes because sexual assault is a serious crime that affects individuals deeply, and having a national law could provide better protection and support for victims.

How many victims was former gymnastics team doctor Larry Nassar accused of sexually assaulting? 150 victims

Committed by trick: 

• This is a broad category of situations that can include the defendant having sex with minors, legally incompetent people, people under the influence of drugs and/or alcohol. 

• The common denominator in these situations is that the victims are incapable of giving consent, either legally or physically. 

• Back in common law times, the age of consent was typically 10 years of age.

• Currently in most states, the age of consent is 18 years of age. In other countries, the age of consent varies from around 11 years old to 21.

Acquaintance/Date Rape:

• The term date rape or acquaintance rape was coined during the 1980’-90’s. 

• This type of situation occurs between people who have a social relationship or potentially a sexual relationship, no matter how brief. 

• These sexual assaults generally occur after advances have been made on the part of the aggressor. 

• Sexual assaults of this nature are common on college campuses.

According to the video on sexual assault on college campuses, what percentage of these incidents involves alcohol? 50%

Other types of sexual acts and offenses: It is important to note that numerous variations of sexual activity are legal between adults who have consented and that occur in a private setting. Some types of sexual behaviors are odd, bizarre, and sometimes difficult for most people to comprehend. For this chapter, as well as the study of criminal law, it is important to identify sexual behavior that is far from accepted norms of society, that is criminal.

According to the video of Jeffrey Dahmer, he was found responsible for the death of how many victims? 17

Necrophilia: sexual activity with a dead body/corpse

Bestiality/zoophilia: sexual activity with animals

Pedophilia: sexual activity with children who are pre-pubescent (13 or younger)

Incest: sexual activity between relatives/family members

CGS 53a-191 - Incest: A person is guilty of incest when he marries a person whom he knows to be related to him within any of the degrees of kindred specified in section 46b-21.

CGS 46b-21: Marriage of persons related by consanguinity or affinity prohibited.

Bigamy: when a person knowingly and willfully enters into a second marriage while being legally married to another person

CGS 53a-190 - Bigamy: A person is guilty of bigamy when he marries or purports to marry another person in this state if either is lawfully married; or so marries or purports to marry another person in any other state or country in violation of the laws thereof, and knowingly cohabits and lives with such other person in this state as husband and wife.

Based on the video about bigamy, do you think the judge made the right decision in regards to the payment of attorney fees? No, it’s an outrageous amount of money to make the victim of the crime pay. He had no idea that woman was previously married, she deceived him, ruined his life, and he would not be in court if she hadn't done that. If anyone should have to pay the fees, it should be her.