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aggravated rape (first degree)
rape committed with a weapon, by more than one person, or causing serious physical injury to the victim.
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asportation
the carrying away of another’s property.
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assault
an attempt to commit a battery or intentionally putting another in fear.
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attempted battery assault
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
unwanted and unjustified offensive touching.
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common-law rape
intentional forced heterosexual vaginal penetration by a man with a woman not his wife.
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common-law sodomy
anal intercourse between two males.
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conditional threats
not enough to satisfy the mens rea of assault because they’re not immediate.
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corroboration rule
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
expanded the definition of sex offenses to embrace a wide range of nonconsensual penetrations and contact.
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cyberstalking
the use of the Internet, e-mail, or other electronic communications devices to stalk another person through threatening behavior.
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extrinsic force
requires some force in addition to the amount needed to accomplish the penetration.
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false imprisonment
the heart of the crime is depriving others of their personal liberty.
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force and resistance rule
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)
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
the fraud is in the benefits promised, not in the act.
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honest and reasonable mistake rule
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
did the actor intend to instill fear?
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intrinsic force
requires only the amount of force necessary to accomplish the penetration.
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kidnapping
taking and carrying away another person with intent to deprive the other person of personal liberty.
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marital rape exception
legally, husbands can’t rape their wives.
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objective fear only test
would a reasonable person be afraid?
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prompt-reporting rule
rape victims have to report the rape soon after it occurs.
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rape
intentional sexual penetration by force without consent.
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rape actus reus
the act of sexual penetration.
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rape shield statutes
statutes that prohibit introducing evidence of victims’ past sexual conduct.
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reasonable mistake of age
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)
the amount of force required to repel rapists to show nonconsent in rape prosecutions.
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recklessness requirement (regarding consent in rape)
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
the right to come and go without restraint.
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sexual assault statutes
expanded the definition of sex offenses to embrace a wide range of nonconsensual penetrations and contacts.
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simple rape (second degree)
rape without aggravated circumstances.
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stalking
intentionally scaring another person by following, tormenting, or harassing.
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statutory rape
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
did the defendant’s acts “induce fear in the victim, and would the acts cause a reasonable person to fear?
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subjective fear only test
was the victim actually afraid?
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threat-of-force requirement
prosecution must prove a sexual assault victim feared imminent bodily harm and that the fear was reasonable.
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threatened battery assault
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
nonconsensual sex between people who know each other; rape involving dates, lovers, neighbors, co-workers, employers, and so on.
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utmost resistance rule
the requirement that rape victims must use all the physical strength they have to prevent penetration.
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