Chapter 9 Assault BatteryRape Assault and Battery n

Chapter 9: Assault & Battery/Rape

Assault and Battery n Assault = • Any attempt or threat to carry out a physical attack upon another person n Battery = • Any unlawful physical contact inflicted by one person upon another without consent • Actual injury is not necessary • Person must intend to do bodily harm

Classifications for Assault and Battery n n Assault with intent to Rob Assault with intent to Murder Aggravated Battery = usually an unarmed assault (unlike above) Assault and Battery is often related to harassment, growing problem in many states

Stalking n n Stalking = occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury. • Women are usually the targets of stalkers…but not always Cyberstalking

Bullying n When peers or acquaintances intimidate, or put others in fear. • statistics for 2010 revealed about one in seven students in grades kindergarten through 12 th grade is either a bully or has been a victim of bullying. n “Gateway” behavior • When bullying is tolerated, it may teach the perpetrator that threats and aggression are acceptable. • 60% of boys that were identified as bullies in grades 6 -9 had been convicted of at least one crime by the age of 24.

Sexual Assault n Can include rape or attempted rape. • Verbal threats, • Unwanted sexual contact n n Can be an attack that is completed or attempted. Contact without Consent • grabbing/fondling (doesn’t have to involve force) n Both men and women are capable of committing sexual assault.

RAPE n Traditionally, the law has recognized 2 Types of Rape: • Forcible Rape = act of unlawful sexual intercourse with a woman committed by a man without her consent • Statutory Rape = sexual intercourse by a male with a female who has not yet reached the legal age of consent

The Elements of Rape n Rape = only occurred when their was sexual penetration of the female by the male • Forcible = only occurred if woman did not give her consent • No Consent if: n victim submits to sex due to threats of bodily harm or use of physical force n victim is unconscious or mentally incompetent n victim is impaired by drugs or alcohol

Proving That Rape Occurred n Traditional burden of evidence forcible rape = • Evidence that victim resisted Very Controversial = Movement has been to focus on actions of the rapist not the response of the victim in court… n Is there a problem with this kind of approach? n

Proving Rape Occurred Cont… n Statutory Rape = • Consent is not the issue! • Intercourse with an underage female is rape whether she consents or not • Mistake by a male as to the female’s age is not a defense (i. e. use of a fake i. d. ) • Age of consent varies by state n n Ranges from 11 to 18 Most states place age of consent at 16 • An underage male/female can be prosecuted for having sex with an underage male/female. (incapable of consent under most laws)

Proving Rape Occurred Cont… n Woman’s lack of chastity: not a defense to rape • prostitute can be raped. • Cannot establish a pattern of behavior based on victims sexual history. n n “Rape Shield Laws” prohibit the introduction of such evidence in court To convict a person of rape, states require various independent types of proof: • • Doctor’s report Police report Witnesses Story of the victim

Acquaintance Rape n n n Also known as “date rape” Introduced in recent years Sexual assault committed by someone the victim knows: date, steady boyfriend, neighbor, friend, etc… Many do not report assault in these cases Many don’t know what defines rape…