10.5 End-of-Chapter Material

Summary

States vary as to how they categorize and grade sex offenses. In general, rape is knowing, forcible sexual intercourse without consent or with consent obtained involuntarily. Although the victim had to resist to indicate lack of consent at early common law, in modern times the victim need not resist if it would be futile to do so. Another modernization from common-law rape is the elimination of an exemption for spousal rape and the elimination of the requirement that victim testimony in a rape case be corroborated. Most states have rape shield laws that govern the admissibility of evidence of the victim’s past sexual conduct at a trial for rape. Sodomy and oral copulation are sometimes combined and included with rape in one statute called sexual assault. If sodomy and oral copulation are the subject of separate statutes, sodomy is typically knowing forcible penis to anus penetration, and oral copulation is typically knowing forcible mouth to sexual organ or anus penetration. Statutory rape is generally sexual intercourse with an underage victim either recklessly, negligently, or with strict liability depending on the jurisdiction, and incest is generally knowing sexual intercourse between family members who cannot marry. States vary as to how they grade sex offenses, with force and penetration enhancing the grading to a felony in most jurisdictions.

Assault and battery are often included in the same statute (called assault) but are actually separate offenses with distinct elements. Battery is generally a purposeful, knowing, reckless, or negligent (depending on the jurisdiction) unlawful harmful or offensive touching without victim consent. Assault can be attempted battery, in which case all the elements of battery except the physical contact are present, or threatened battery, which is a purposeful act that causes apprehension of harmful or offensive physical contact in the victim. Simple battery and simple assault are typically misdemeanors, while aggravated versions of these offenses are often felonies. Factors that can aggravate the grading of assault and battery are the use of a weapon or serious injury.

Domestic violence statutes criminalize conduct such as assault, battery, sex offenses, or criminal homicide between family members and have special provisions that pertain to interfamily violence. Stalking criminalizes a purposeful course of conduct that poses a credible threat to the victim’s safety. Cyberstalking is the use of the Internet or e-mail to commit stalking. Simple stalking is generally a misdemeanor, while aggravated stalking, which is stalking that causes injury or violates a restraining order, is generally a felony.

Kidnapping is the purposeful confinement and asportation (movement) of a victim for the purpose of injuring or harming the victim or another, hiding the victim in secret, obtaining a ransom, committing a separate offense, subjecting the victim to involuntary servitude, or interfering with the purpose of government or political function. False imprisonment is a lesser included offense of kidnapping that does not include asportation or specific intent. Interference with custody is parental kidnapping or violation of a child custody or visitation agreement. While kidnapping is typically a felony, false imprisonment and interference with custody are generally graded lower, as either a gross misdemeanor or low-level felony.

You Be the Law Enforcement Officer

You are a newly hired law enforcement officer starting out in the file room. You have been given five case files. To properly file them, first read over the facts of each case, determine which crime has been committed, and determine whether the crime is a misdemeanor or felony. Check your answers using the answer key at the end of the chapter.

The defendant was on a date with the victim. After a few drinks, the victim became extremely intoxicated, and the defendant had to have help carrying him to her vehicle. The defendant thereafter drove to a secluded area where she had sexual intercourse with the victim. The victim was unconscious and did not discover the act of sexual intercourse until two months later when the defendant told him she was pregnant. Which crime has been committed? Is the crime a misdemeanor or a felony?
The defendant, a security guard, forced the victim, a shopper in the store, to kiss him by threatening to falsely arrest her for shoplifting if she refused. Which crime is this? Is this a misdemeanor or a felony?
The defendant chased the victim with a knife for two miles. After the defendant was arrested, law enforcement determined that the “knife” was made of rubber and could not cause injury. Which crime has been committed? Is the crime a misdemeanor or a felony?
The defendant grabbed a law enforcement officer’s gun and pointed it at him while the law enforcement officer was having coffee in a local restaurant. Which crime has been committed? Is the crime a misdemeanor or a felony?
The defendant, a jilted lover, picked up her ex-boyfriend’s child from school and took her to an amusement park where they spent the afternoon going on rides and eating junk food. Which crime has been committed? Is the crime a misdemeanor or a felony?

Cases of Interest

U.S. v. Lanier, 520 U.S. 259 (1997), discusses sexual assault by a judge as the subject of a federal criminal action: http://www.law.cornell.edu/supct/html/95-1717.ZS.html
Oregon v. Rangel, 934 P.2d 1128 (1997), discusses the constitutionality of Oregon’s stalking statute under the First Amendment: http://www.publications.ojd.state.or.us/docs/S44151.htm.
Chatwin v. U.S., 326 U.S. 455 (1946), discusses federal kidnapping in the context of joining a religious cult: http://supreme.justia.com/us/326/455/case.html.

Chapter 10: Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint