CJ230: Criminal Law for Criminal Justice Unit 6: Criminal Sexual Conduct, Assault and Battery, Kidnapping, and False Imprisonment

Unit 6 Goals Outline the three categories of crime against a person Identify the elements of the common law crime of rape Explain rape reform and its impact on the prosecution of sexual conduct cases Distinguish between assault, aggravated assault, battery, and aggravated battery Define kidnapping and false imprisonment

Tonight’s Discussion Focus Identify and discuss the elements of the common law crime of rape; Identify and discuss rape shield laws; Identify and discuss the elements of assault and of battery; Identify and discuss the elements of kidnapping and false imprisonment.

Four Categories of Offenses Against the Person sexual offenses; bodily injury and interference; freedom of movement; and homicide. Tonight, we will be discussing the first three.

Common Law Rape Forcible; carnal knowledge; of a woman who is not the wife of the accused; against her will.

Common Law Rape Carnal Knowledge Vaginal intercourse with a woman who was not married to the accused.

Modern Rape Elements Example North Carolina First Degree Rape 1.Defendant engaged in vaginal intercourse with the victim. 2.Second, that the defendant used or threatened to use force sufficient to overcome any resistance the victim might make. (The force necessary to constitute rape need not be actual physical force. Fear or coercion may take the place of physical force.) 3.Third, that the victim did not consent and it was against her will. (Consent induced by fear is not consent at law.) 4.And Fourth that the defendant either (1) employed or displayed a dangerous or deadly weapon, (2) employed or displayed an object that the victim reasonably believed was a dangerous or deadly weapon; (3) inflicted serious personal injury upon the victim or any other person injured; or (4) was aided and abetted by one or more other persons.

Modern Rape Elements Example North Carolina Second Degree Rape 1.First, that the defendant engaged in vaginal intercourse with the victim. 2.Second, that the defendant used or threatened to use force sufficient to overcome any resistance the victim might make. (The force necessary to constitute rape need not be actual physical force. Fear or coercion may take the place of physical force.) 3.And Third, that the victim did not consent and it was against her will. (Consent induced by fear is not consent in law.) Marriage was even recently a defense in North Carolina, but is no longer a defense where the alleged crime was committed after July 5, N.C.G.S (1993).

Rape Shield Laws Designed to prevent unnecessary humiliation of victims of sex crimes. Victim’s prior sexual history is not admissible unless relevant to an issue in the case. Limits on defense’s right to cross-examine victim witness may raise constitutional issues with the defendant’s right to confront the witnesses against him or her

Assault An assault is an 1.intentional overt act or an attempt with force and violence; 2.to do some immediate physical injury to the person of another, which show of force or menace of violence must be sufficient to put a person of reasonable firmness in fear of immediate bodily harm; 3.which was without justification.

Battery A battery is an 1.intentional overt unwanted touching; 2.without consent; and 3.which was without justification. Many states have merged assault and battery.

Common Law Kidnapping Common Law Kidnapping was a 1.forcible abduction or stealing away 2.of a person 3.from his or her own country and 4.sending him into another country.

Modern View of Kidnapping Model Penal Code § Kidnapping A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following purposes: (a) to hold for ransom or reward, or as a shield or hostage; or (b) to facilitate commission of any felony or flight thereafter; or (c) to inflict bodily injury on or to terrorize the victim or another; or (d) to interfere with the performance of any governmental or political function.