Laws and judicial system in acquaintance or also known as date rape

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Laws and judicial system in acquaintance or also known as date rape

Same as modern rape, above Consensual sodomy in prison or jail is still criminal in some jurisdictions. Rape Elements In modern times, rape is a crime that has the elements of criminal act, criminal intent, causation, and harm. Rape also has an attendant circumstance element, which is lack of consent by the victim.

Rape Act The criminal act element required for rape in many states is sexual intercourse, accomplished by force or threat of force. In most jurisdictions, a man or a woman can commit rape. Although it is common to include force or threat of force as an indispensible part of the rape criminal act, some modern statutes expand the crime of rape to include situations where the defendant does not use force or threat, but the victim is extremely vulnerable, such as an intoxicated victim, an unconscious victim, or a victim who is of tender years.

Other statutes may criminalize unforced nonconsensual sexual intercourse or other forms of unforced nonconsensual sexual contact as less serious forms of rape with reduced sentencing options. Brad tells Alex he is going to go the store and purchase some beer.

While Brad is gone, Alex turns to Brandy, pulls a knife out of his pocket, and tells her to take off her pants and lie down. Alex has probably committed the criminal act element required for rape in most jurisdictions.

Although Alex did not use physical force to accomplish sexual intercourse, his threat of force by display of the knife is sufficient. First, the victim must be legally capable of giving consent.

If the victim is under the age of consent or is mentally or intellectually impaired because of a permanent condition, intoxication, or drugs, the prosecution does not have to prove lack of consent in many jurisdictions. Sexual intercourse with a victim under the age of consent is a separate crime, statutory rape, which is discussed shortly.

The second component to proving lack of consent is separating true consent from consent rendered involuntarily. Involuntary consent is present in two situations. A victim is generally unaware of the nature of the act of sexual intercourse when a doctor shams a medical procedure.

Vander Esch, N. This is called fraud in the factum The defendant fraudulently conceals the nature of the sexual act, like a doctor shamming a medical procedure. Fraud in the inducement The defendant fraudulently conceals the circumstances of the sexual act, like fraudulently representing that the sexual act will cure a disease.

Superior Court, Cal. In modern times, the victim does not have to fight back or otherwise endanger his or her life if it would be futile to do so. In most jurisdictions, the victim only needs to resist to the same extent as a reasonable person under similar circumstances, which is an objective standard.

The use of force by the defendant could eliminate any requirement of victim resistance to prove lack of consent. If the defendant obtains consent using a threat of force, rather than force, the victim may not have to resist if the victim experiences subjective fear of serious bodily injury, and a reasonable person under similar circumstances would not resist, which is an objective standard.

Threat of force can be accomplished by words, weapons, or gestures. It can also be present when there is a discrepancy in size or age between the defendant and the victim or if the sexual encounter takes place in an isolated location.

If the victim does not physically resist the criminal act, the prosecution must prove that the victim affirmatively indicated lack of consent in some other manner. In re John Z. However, statistics indicate that rape prosecutions often result in acquittal. In this example, after an initial protest, Brandy lies down, takes off her pants, and allows Alex to put his penis in her vagina when he pulls out a knife.

It is likely that the trier of fact will find the rape attendant circumstance in this case. Change this example and assume that after Brad leaves, Alex asks Brandy to have sexual intercourse with him.

Synopsis of the History of Rape and Sodomy

The trier of fact can use the criteria of the difference in age and size between Brandy and Alex, any gestures or words indicating force or threat, and the location and isolation of the incident, among other factors. Rape Intent The criminal intent element required for rape in most jurisdictions is the general intent or knowingly to perform the rape criminal act.Acquaintance rape The victim is raped by an acquaintance.

Also called date rape., also called date rape, is a phenomenon that could increase a victim’s reluctance to report the crime and could also affect the defendant’s need to use force and the victim’s propensity to physically resist. Identify the most prevalent issues in acquaintance rape. Compare spousal rape with rape.

Identify the elements of statutory rape, and compare statutory rape with rape. Compare sodomy, oral copulation, and incest with rape. Analyze sex offenses grading. Identify the primary components of sex offender registration statutes. Acquaintance Rape Essay Examples. 12 total results An Analysis of the Issues of the Acquaintance Rape and Date Rape in the United States.

California Laws '94 December 31, | JERRY GILLAM | Times Staff Writer Sex education--School sex education classes must include information on sexual assault . — Also termed prior-relationship rape. Cf. date rape; acquaintance rape. – spousal rape See marital rape. – statutory rape () Unlawful sexual intercourse with a person under the age of consent (as defined by statute), regardless of whether it is against that person’s will. Acquaintance Rape Essay Examples. 12 total results An Analysis of the Issues of the Acquaintance Rape and Date Rape in the United States. A Research on the Number of Issues of Acquaintance Rape in College Students. 3, words. 7 pages. Laws and Judicial System in Acquaintance or Also Known as Date Rape. 2, words. 6 pages. An.

A Research on the Number of Issues of Acquaintance Rape in College Students. 3, words. 7 pages. Laws and Judicial System in Acquaintance or Also Known as Date Rape. 2, words. 6 pages.

Laws and judicial system in acquaintance or also known as date rape

An. Currently, UK law does not differentiate between stranger rape and acquaintance rape, which both carry a maximum sentence of life imprisonment. Juries understand the evidence for stranger rape, but complex issues about consent in acquaintance rape are not so well understood.

Rape in the United States is defined by the Department of Justice as "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.".

Rape is a type of sexual assault initiated by one or more persons against another person without that person's tranceformingnlp.com act may be carried out by physical force, or where the person is under threat or manipulation, or with a person who is incapable of valid consent.

Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint