Criminal Law Ch 7 Study Guide

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CHAPTER 7 - SEX CRIMES LEARNING OBJECTIVES: The nature of the crime of rape. What constitutes the crimes of sodomy and oral copulation. The various types of sexual offenses. The rationale behind the sexual predator statutes. The purpose of rape shield laws. SUMMARY: RAPE is the unlawful act of sexual intercourse with another person against that person's will by force, fear, or trick. The crime of rape has two elements: (1) unlawful sexual intercourse (2) committed by use of force, fear, or trick. SODOMY is the unlawful sexual penetration of the anus of one person by the penis of another, committed by use of force or fear. The crime of sodomy has three elements: (1) Unlawful sexual penetration of the anus of one person (2) by the penis of another (3) by use of force or fear. ORAL COPULATION is the unlawful act of copulating the mouth of one person with the sexual organs or anus of another by use of force or fear. The crime of oral copulation has three elements: (1) the unlawful act of copulating the mouth of one person (2) with the sexual organs or anus of another (3) by use of force or fear. Among OTHER SEX OFFENSES, the following focuses on some of the more common sexual acts committed by offenders: PEDOPHILIA is the act or fantasy of engaging in sexual activity with prepubertal children. Prepubescent children are generally 13 years old or younger. This type of sexual activity is the person's preferred or exclusive method of achieving sexual excitement. As adults, these individuals generally prefer sexual activities with children of the same sex. Most states have specific statutes that make sexual activity with a minor, usually under the age of 16, a crime. Some statutes classify this as a misdemeanor and others make it a felony . BESTIALITY , AKA Zoophilia, is the act of engaging in sexual activity with animals. There are as many different offenses as there are animals, although law enforcement officials have indicated that chickens, dogs, and sheep appear to be the most common animals used in this type of sex offense. NECROPHILIA consists of engaging in sexual activity with a corpse. This offense is prohibited by 250.10 of the Model Penal Code, which makes it a misdemeanor to treat a corpse in a way that the offender knows would outrage ordinary family sensibilities. Conduct such as dissection, mutilation, disinterment, sale and sex with a corpse are indictable acts. This is not an act that last occurred in the Middle Ages and still rests upon the books. During the Dahmer sanity trial, it was revealed that Dahmer used a condom while having sex with some of the bodies. The prosecution cited his desire to avoid sexually transmitted disease from the dead body as evidence of his sanity . EXHIBITIONISM is the repeated intentional act of exposing the genitals to an unsuspecting stranger for achieving sexual excitement. This definition excludes the occasional lapse that most normal people experience when they undress in their own home and forget to close the blinds. In addition, it does not include the male who sometimes forgets to button or zip up his pants. Exhibitionists are very deliberate in their acts. Many times, young children will be the victims of this type of offense. Many states have specific statutes dealing with exhibitionism, while others classify it as disorderly conduct . VOYEURISM involves the offender repeatedly observing unsuspecting people who are naked, in the act of disrobing, or engaging in sexual activity. The voyeur does not desire to actively engage in sexual relations with the person or persons he is observing. The viewing by itself is the
preferred or exclusive method of achieving sexual excitement. These offenders are known as " Peeping Toms " by law enforcement agencies. VOCABULARY: RAPE: The unlawful act of sexual intercourse with another person against that person's will by force, fear, or trick. RAPE SHIELD LAW: A statute that is intended to protect victims of rape by limiting a defendant's in-court use of the victim's sexual history. FORCIBLE RAPE: Rape that is accomplished against another person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. STATUTORY RAPE: Sexual intercourse with a person under the legal age of consent as specified by state statute. DATE RAPE: Sexual intercourse forced by a man upon a woman with whom he is acquainted or is dating. SPOUSAL RAPE: The rape of one's spouse. SODOMY: The unlawful sexual penetration of the anus of one person by the penis of another, committed by use of force or fear. FELLATIO: Consensual oral stimulation of the male sex organs. CUNNILINGUS: Consensual oral stimulation of the female sex organs. ORAL COPULATION: The unlawful act of copulating the mouth of one person with the sexual organs or anus of another by use of force or fear. DEVIATE SEXUAL INTERCOURSE: Any contact between any part of the genitals of one person and the mouth or anus of another person. PEDOPHILIA: The act or fantasy of engaging in sexual activity with prepubertal children. BESTIALITY: Sexual activity with animals. Also known as zoophilia. NECROPHILIA: Sexual activity with a corpse. EXHIBITIONISM: Repeated intentional acts of exposing the genitals to an unsuspecting stranger for the purpose of achieving sexual excitement. VOYEURISM: Repeatedly observing unsuspecting people who are naked, in the act of disrobing, or engaging in sexual activity. HOMOSEXUALITY : Exclusive sexual relations with members of the same sex. TRANSSEXUAL : An individual who feels trapped in the body of the wrong sex. TRANSVESTISM : The act of a heterosexual male dressing in female attire. SEXUAL ASSAULT: A statutory crime that combines all sexual offenses into one offense. SEXUAL CONTACT: Any touching of the anus, breast, or any part of the genitals of another person done with the intent to arouse or gratify the sexual desire of any person. TEXTBOOK PAGES 156-173 The discussion of sex offenses is a necessity in any examination of criminal law. This chapter is not intended to cause anyone displeasure or discomfort. For some students, this will be their first
exposure to physical acts that are not considered normal or even talked about in polite company. Some of the acts discussed in this chapter will show a twisted and sick mind. Sex crimes or offenses are repulsive to modern society, and they range from violent and gross behavior to simply a seamy side of modern life. Many of these crimes, while they involve acts that could be classified as having sexual connotations, are considered by many experts to be nothing more than violent acts of aggression against women. Some authorities have placed rape under the heading of violent crime and reserved discussion of other sex offenses for public disorder chapters. We have elected to place all serious sex-related offenses in one chapter for purposes of discussion and comparison. Chapter 12 discusses obscenity, prostitution, and games of chance under the general heading of Crimes against Public Morals. This is in accord with the treatment of these offenses by the drafters of the Model Penal Code (MPC). In addition, many states group these offenses in one section in their criminal law statutes. One of the best-known and publicized sex offenses is rape. RAPE is one of the most feared, misunderstood, and repulsive crimes in the United States. Until the trial of Senator Ted Kennedy's nephew, William Kennedy Smith, many Americans had unrealistic images of rapists. They believed a rapist was a low-life animal who prowled the night and looked like a Neanderthal, with a sloping brow and beady eyes. While William Kennedy Smith was acquitted of all charges, the publicity surrounding the trial in Florida exposed millions of people to the courtroom drama of a rape case. The "experts" hired by the various media discussed all aspects surrounding the crime of rape. A rapist looks just like the neighborhood boy or the man who delivers the morning paper. He can be anywhere and strike any time. While many scholars have researched the issue, no one has yet come forward with a single acceptable reason for why men engage in the crime of rape. There is no known cause or genetic factor that predisposes some men to engage in this type of assaultive sexual behavior. However, several theories have been advanced to explain the reasons why certain persons carry out these acts against women. Donald Symons suggests that man's biological sex drive is behind his aggressive assault. Rape is viewed as an instinctive drive associated with the need to perpetuate the species. Symons's theory holds that men still have this primitive sex drive that mandates having sex with as many women as possible. His position holds that rape is intertwined with sexuality as well as violence. Paul Gebhard sets forth the position that rapists are suffering from psychotic tendencies or have sadistic feelings toward women. In addition, A. Nicholas Groth and Jean Birnbaum suggest that every rapist exhibits anger, power, and sadism. These three scholars accept the psychological explanation for rape. Diana Russell, in her book The Politics of Rape: The Victim's Perspective, advances the theory that rape is part of the masculine qualities accepted in U.S. society. Russell's position is that in our society young boys are taught to be aggressive and dominant. Men learn to separate their sexual desire from other intimate feelings such as love and respect. Rape is viewed as a form of domination over women. There are numerous other theories on why men engage in this assaultive behavior toward women. At present there does not appear to be one generally accepted cause for this crime. What most authorities will agree upon is that rape is a violent crime; it is a crime involving the sexual organs of both the offender and the victim, and it is a crime that subject's women to psychological duress and pain. The crime of rape may appear at first glance to be a relatively simple crime with two basic elements; however, these elements contain numerous complex legal and emotional issues. ELEMENTS OF RAPE Unlawful Sexual Intercourse: This element is specifically gender neutral in its approach. Traditional common law and early statutes authorized prosecution of men for rape. As we will discuss, this is the view of the MPC. Early courts and legislators took the position that
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