Law of Sex Crimes Quiz

Fraud In The Inducement

Enticing someone to sexual intercourse through lies. Ex: Tom Cruise lookalike gets a woman to have sex with him by lying that he is Tom Cruise -Was not considered criminal under common law as there was no force.

Modern Interpretations of Force

- Expanded definitions: Physical force, deception, unconsciousness, incapacity to consent. - Force can be subjective (fear) or objective (harm).

Evolution of Sodomy Laws

- Historical targeting of consensual same-sex relations. - Repeal and challenges to sodomy laws. - Modernization of laws post-Lawrence vs. Texas.

Consent of Vulnerable Persons

- Incapacity due to mental illness, intoxication, disability, or physical helplessness. - Constructive/implied force in cases of incapacity to consent.

Malum in Se

- Malum in Se, a Latin term meaning "wrong in itself," refers to acts that are inherently immoral or wrong regardless of whether they are prohibited by law. - Sex crimes are often considered malum in se due to the harm inflicted upon victims and the violation of fundamental human rights. - The classification of a crime as malum in se reflects society's moral condemnation of certain behaviors.

Changes in Common Law Regarding Consent

- Marital relations exemption. - Retention of force and non-consent elements. - Transition from utmost resistance to earnest resistance standards. - Some states abolished the need for victim resistance to prove rape.

Historical Evolution of Sex crimes

- Sex crimes historically covered activities predominantly performed by males on female victims. - Traditional views restricted rape and sodomy to specific acts. - Expansion of definitions: Sexual assault, sexual battery, etc.

Non-Intercourse Sex Crimes

- Sexual abuse targeting non-penetrative sexual contact. - Definition, penalties, and mens rea considerations.

Sexual Assault

- Sexual assault encompasses a broad range of non-consensual sexual acts or behaviors that involve physical, psychological, or emotional coercion. - It can include but is not limited to, unwanted touching, groping, fondling, oral sex, and penetration without consent. - Laws regarding sexual assault vary by jurisdiction, but generally, it is considered a serious criminal offense.

Sexual Battery

- Sexual battery refers to the intentional and unwanted touching of another person's intimate parts for the purpose of sexual arousal, gratification, or abuse. - Unlike sexual assault, sexual battery does not necessarily involve penetration but can include any form of unwanted sexual contact. - It is often considered a felony offense and can result in severe legal consequences for the perpetrator.

Sexual Contact

- Sexual contact refers to any form of physical contact with another person's intimate body parts for the purpose of sexual arousal, gratification, or abuse. - This can include touching, rubbing, or fondling of the breasts, genitals, buttocks, or other erogenous zones. - Sexual contact may or may not involve penetration and can range from consensual acts to non-consensual acts that constitute sexual assault or battery.

Unlawful Touching

- Unlawful touching, often referred to as sexual misconduct or inappropriate touching, involves any form of physical contact of a sexual nature without the consent of the other person. - This can include touching of intimate body parts, groping, fondling, or any other physical contact that is unwelcome or unwanted. - While it may be considered a misdemeanor offense in some cases, repeated or more severe instances of unlawful touching can lead to more serious criminal charges.

Mens Rea in Sex Crimes

- Intent focused on the act rather than the consent of the victim. - Malum in se crimes with harsh punishments and societal stigma.

Fraud in the factum (Or factual fraud)

The defendant tells the victim one set of circumstances but actually brings about another set of circumstances. It usually appears legitimate. The defendant does something else to engage in criminality. Ex: A Doctor tells a female victim that a medical procedure needs to be performed, and the victim accepts, but the doctor inserts himself instead in the process. -Considered rape under common law as there was no consent.

Consent

- Consent, in the context of sex crimes, refers to the voluntary agreement or permission given by a competent individual to engage in sexual activity. - It must be freely given, informed, and enthusiastic, without any form of coercion, manipulation, or incapacitation. - Consent is a crucial factor in determining the lawfulness of sexual conduct and serves as a defense against allegations of sexual assault or rape.

Constructive Force

- Constructive force refers to the legal concept that force can be implied or inferred from the circumstances of a case, even if there is no physical violence or explicit threat. - In sex crimes, constructive force may arise from factors such as the victim's incapacity to consent due to intoxication or unconsciousness, or the defendant's exploitation of the victim's vulnerabilities. - It allows courts to consider the coercive nature of certain actions, even if no overt physical force was used.

Rape Shield Laws

- Designed to protect victims from character attacks during trials. - Prohibits inquiry into victim's sexual history unless relevant to the case.

Deception in Obtaining Consent

- Distinction between fraud in the inducement and fraud in the factum. - Legal debates regarding criminalizing deception in sexual encounters.

Early Definition of Rape

- William Blackstone's definition: Carnal knowledge of a woman forcibly and against her will. - Actus Reus of force and non-consent. - Women historically incapable of committing rape.

Criminal Sexual Acts:

- Criminal sexual acts typically refer to non-consensual sexual acts that are considered criminal offenses under the law. - This term may encompass a variety of sexual offenses, including but not limited to rape, sodomy, sexual abuse, and other forms of sexual misconduct. - Depending on the jurisdiction, criminal sexual acts may be categorized and penalized differently, but they generally involve acts committed without the explicit consent of the victim.