 Unwanted sex acts are generally classified as rape.  modern law more commonly refers to these criminal offenses as "sexual abuse" or "sexual assault."

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Presentation transcript:

 Unwanted sex acts are generally classified as rape.  modern law more commonly refers to these criminal offenses as "sexual abuse" or "sexual assault."  A wide range of activities may be included under these definitions.  Statutory rape, for instance, is sexual activity with a person under the legal age of consent.  Date rape is a nonlegal term for forcible sexual activity between people who know one another during a social engagement.  Regardless of the circumstances, however, rape is rape, and there are serious penalties for individuals found guilty of these sex crimes.

 carnal knowledge  force and resistance  Non-consent,  culpable state of mind (mens rea)

 Age of consent = 16  Aggravated sexual assault is sexual penetration with a victim under age 13, and in NJ has a sentence of years  Sexual assault is sexual penetration with a victim between age 13 and 16 when the actor is at least four years older and has a sentence of 5-10 years.

An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances

 (1) The victim is less than 13 years old.  (2) The victim is at least 13 but less than 16 years old; and  a. The actor is related to the victim by blood or affinity to the third degree;or b. the actor has supervisory or disciplinary power over the victim; or c. the actor is a foster parent, a guardian, or stands in loco parentis within the household;  (3) The act is committed during the commission, or attempted commission, of a felony;  (4) The actor has a weapon (real or not)  (5) The actor is aided or abetted by one or more other persons  (6) use of physical force/ coersion  (7) The victim is physically helpless, mentally defective or mentally incapacitated.

 b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least 4 years older than the victim.  c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:  (1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;  (2) The victim is physically helpless, mentally defective, or mentally incapacitated;  (3) The victim is on probation or parole, or is detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;  (4) The victim is at least 16 but less than 18 years old and:  a. The actor is related to the victim by blood or affinity to the third degree;or b. the actor has supervisory or disciplinary power over the victim; or c. the actor is a foster parent, a guardian, or stands in loco parentis within the household;  (5) The victim is at least 13 but less than 16 years old and the actor is as at least 4 years older than the victim.

Aggravated Criminal Sexual Contact  a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under the same circumstances for aggravated sexual assault  Aggravated criminal sexual contact is a crime of the third degree. Criminal Sexual Contact  a. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set for sexual assault  Criminal sexual contact is a crime of the fourth degree

a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed. b. A person commits a crime of the fourth degree if:  (1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.  (2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.  c. As used in this section: "lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

 Traditionally, a man who obtained consent by making a false promise of marriage was not considered a rapist, but he could be prosecuted for seduction.  Other deceptive inducements were legally permissible, and in the 1930s most states abolished the crime of seduction.  Deceptive inducements can no longer lead to prosecution for any crime.

 Megan's Law was approved one month after the rape and murder of seven-year-old Megan Kanka by Jesse Timmendequas, a sex offender who had been previously convicted of sex crimes and had lived across the street from Kanka together with two other sex offenders.  He had killed Megan Kanka after luring her into his house under the pretext of showing her his new puppy.  The bills require sex offender registration, with a database tracked by the state, community notification of registered sex offenders moving into a neighborhood and life in prison without a chance of parole for those convicted of a second sexual assault.

 aggravated sexual assault  sexual assault  aggravated criminal sexual contact  criminal sexual contact if the victim is minor  endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child  endangering the welfare of a child through acts involving pornography featuring a child  promoting prostitution of a child  luring or enticing, kidnapping, criminal restraint, and false imprisonment if the victim is a minor and the offender is not a parent of the victim.

 Aggravated sexual assault is a 1st degree crime and carries up to 20 years in prison.  Generally, sexual assault is a 2nd degree crime and carries a maximum 10 year prison sentence.