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44 Cards in this Set
- Front
- Back
aggravated rape (first degree)
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rape committed with a weapon, by more than one person, or causing serious physical injury to the victim.
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asportation
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the carrying away of another’s property.
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assault
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an attempt to commit a battery or intentionally putting another in fear.
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attempted battery assault
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consists of having the specific intent to commit a battery and taking substantial steps toward carrying it out without actually completing the attempt.
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battery
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unwanted and unjustified offensive touching.
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common law rape
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intentional forced heterosexual vaginal penetration by a man with a woman not his wife.
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common law sodomy
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anal intercourse between two males.
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conditional threats
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not enough to satisfy the mens rea of assault because they’re not immediate.
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corroboration rule
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element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim.
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criminal sexual conduct statutes
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expanded the definition of “sex offenses” to embrace a wide range of nonconsensual penetrations and contact.
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cyberstalking
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the use of the Internet, e-mail, or other electronic communication devices to stalk another person through threatening behavior.
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extrinsic force (in rape)
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requires some force in addition to the amount needed to accomplish the penetration.
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false imprisonment
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the heart of the crime is depriving others of their personal liberty.
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force and resistance rule
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victims had to prove to the courts they didn’t consent to rape by demonstrating that they resisted the force of the rapist.
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fraud in the fact (in rape)
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when a rapist fraudulently convinces his victim that the act she consented to was something other than sexual intercourse.
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fraud in the inducement
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the fraud is in the benefits promised, not in the act.
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general intent crime
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intent to commit the actus reus—the act required in the definition of the crime.
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honest and reasonable mistake rule
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a negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consented to sex.
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intent to instill fear test
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test that determines if the actor intended to instill fear.
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intrinsic force (in rape)
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requires only the amount of force necessary to accomplish the penetration.
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kidnapping
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taking and carrying away another person with intent to deprive the other person of personal liberty.
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marital rape exception
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legally, husbands can’t rape their wives.
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mistake of fact
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to be mistaken about the law or fact; to believe the facts are one thing when they’re really another; a defense whenever the mistake prevents the formation of any fault-based mental attitude.
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no fault
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liability that requires neither subjective nor objective fault.
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objective fear only test
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test that is used to determine if a reasonable person would be afraid.
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paramour rule
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a husband who caught his wife in the act of adultery had adequate provocation to kill and could reduce criminal homicide to voluntary manslaughter.
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prompt-reporting rule
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rape victims have to report the rape soon after it occurs.
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rape
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intentional sexual penetration by force without consent.
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rape actus reus
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the act of sexual penetration.
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rape shield statutes
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statutes that prohibit introducing evidence of victims’ past sexual conduct.
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reasonable mistake of age
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a defense to statutory rape in California and Alaska if the defendant reasonably believed his victim was over the age of consent.
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reasonable resistance rule (in rape)
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the amount of force required to repel rapists to show nonconsent in rape prosecutions.
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recklessness requirement (regarding consent in rape)
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adopted by some states in rape cases, it requires that the defendant has to be aware that there’s a risk the victim hasn’t consented to sexual intercourse.
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right of locomotion
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the right to come and go without restrain.
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sexual assault statutes
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expanded the definition of “sex offenses” to embrace a wide range of nonconsensual penetrations and contacts.
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simple (second-degree) rape
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rape without aggravated circumstances.
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stalking
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intentionally scaring another person by following, tormenting, or harassing.
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statutory rape
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to have carnal knowledge of a person under the age of consent whether or not accomplished by force.
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subjective and objective fear test
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test that determines if the defendant’s acts induced fear in the victim and would cause a reasonable person to fear.
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subjective fear only test
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test that determines if the victim was actually afraid.
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threat-of-force requirement
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prosecution must prove a sexual assault victim feared imminent bodily harm and that the fear was reasonable.
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threatened battery assault
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sometimes called the crime of “intentional scaring,” it requires only that actors intend to frighten their victims, thus expanding assault beyond attempted battery.
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unarmed acquaintance rape
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nonconsensual sex between people who know each other; rape involving dates, lovers, neighbors, coworkers, employers, and so on.
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utmost resistance standard
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the requirement that rape victims must use all the physical strength they have to prevent penetration.
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