Chapter 9: Assault & Battery/Rape

Assault and Battery Assault = Battery = Any attempt or threat to carry out a physical attack upon another person Battery = Any unlawful physical contact inflicted by one person upon another without physical consent Actual injury is not necessary Person must intend to do bodily harm

Classifications for Assault and Battery Assault with intent to Rob Assault with intent to Murder Aggravated Battery = usually an unarmed assault (unlike above) Assault and Battery is often related to harassment, growing problem in many states

Stalking Stalking = occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury Women are usually the targets of stalkers…but not always

RAPE Traditionally, the law has recognized 2 Types of Rape: 1. Forcible Rape = act of unlawful sexual intercourse with a woman committed by a man without her consent Statutory Rape = sexual intercourse by a male with a female who has not yet reached the legal age of consent

The Elements of Rape Rape = only occurred when their was sexual penetration of the female by the male Forcible = only occurred if woman did not give her consent No Consent if: woman submits to sex due to threats of bodily harm or use of physical force woman is unconscious or mentally incompetent woman is impaired by drugs or alcohol

Proving That Rape Occurred Traditional burden of evidence for forcible rape = Evidence that victim resisted Very Controversial = Movement has been to focus on actions of the rapist not the response of the victim in court… Is there a problem with this kind of approach?

Proving Rape Occurred Cont… Statutory Rape = Consent is not the issue! Intercourse with an underage female is rape whether she consents or not Mistake by a male as to the female’s age is not a defense (i.e. use of a fake i.d.) Age of consent varies by state Ranges from 11-18 Most states place age of consent at 16 An underage male can be prosecuted for having sex with an underage female (incapable of consent under most laws)

Proving Rape Occurred Cont… Woman’s lack of chastity: not a defense to rape prostitute can be raped. Cannot establish a pattern of behavior based on victims sexual history. “Rape Shield Laws” prohibit the introduction of such evidence in court To convict a person of rape, states require various independent types of proof: Doctor’s report Police report Witnesses Story of the victim

Acquaintance Rape Also known as “date rape” Introduced in recent years Sexual assault committed by someone whom the victim knew: date, steady boyfriend, neighbor, friend, etc… Many do not report assault in these cases Many don’t know what defines rape…