Crimes Against the Person Sexual Assault Mr Marinello

+ Crimes Against the Person – Sexual Assault Mr. Marinello * Legal Studies

+ Rape n. Traditionally, types of rape. the law has recognized two n. Forcible Rape is the act of unlawful sexual intercourse committed by a man with a woman by force and without her consent. n. Statutory Rape is sexual intercourse by an adult with a minor who has not yet reached the legal age of consent.

+ n To constitute forcible rape, the intercourse must have occurred without the consent of the female. n There na is no consent if: woman submits as a result of force or threats of bodily harm n a woman is unconscious or mentally incompetent n her judgment is impaired by drugs or alcohol.

+ n. Traditionally, proving that a rape was without consent usually meant presenting some evidence that the victim resisted. n. There has been a movement in some states to rewrite rape statutes to focus entirely on on the force or compulsion applied by the defendant rather than on the actions of the victim in displaying consent or lack of consent.

+ n. Proponents of changing rape laws argue that we do not ask victims of robbery or assault to put up a struggle to show that they did not consent to being robbed or assaulted. n. They argue that traditional rape laws impose a male-oriented standard of how victims should act and also that the victim is effectively put on trial, and not the rapist.

+ n. Others argue that with the often unclear nature of female-male relationships, it is unrealistic to hold men responsible for rape unless the victim clearly expresses an unwillingness to have sex. n. This argument is based on the idea that unless there is some proof of resistance, a man could be convicted of rape when the act was actually consented to by the woman.

+ n. In statutory rape cases, consent is not an issue! n. Sexual intercourse with an underage minor is rape whether she or he consents or not! n. A mistake by the male as to the female’s age is not a defense, even if the male reasonably believed that the female was over the age of consent.

+ n. The age at which a young person can legally agree to have sex varies by state from 11 to 18; most states, however, put the age at 16. n. Contrary to popular belief, an underage male can be prosecuted for having sex with an underage female!

+ n. A woman’s lack of chastity is not a defense to rape. n. This means anyone, including a prostitute, can be raped. n. In the part, defendants in rape cases could use the sexual history of a victim to show that she probably consented to the act. n. Most states and the federal system have passed “rape shield” laws to prohibit the introduction of such evidence.

+ n To convict a person of rape, some states require independent proof that the act took place. This means confirmation or support for the story of the victim, including testimony of a witness, a doctor’s report that sexual intercourse took place, or a prompt report to the police. n The term acquaintance rape (also known as date rape) describes a sexual assault by someone known to the victim-a date, steady boyfriend, neighbor, or friend. n Unfortunately, assault. many victims do not report the

+ Sexual Assault on Campus n Many college and universities are beginning to take notice of this issue n Most n It’s assaults are not reported important to establish a climate of mutual consent n Active consent n This means both partners need to be willing to say “no” and respect “no” n This n If is not just a college issue. men refused to stand for this kind of behavior rape would all but cease to exist.