Deck 4: Crimes Against the Person: Sex Crimes

Question 1

Which of the following would be considered rape under the Unified Crime Report's new definition?

A) Consensual intercourse with a girl under the age of 18
B) Non-consensual intercourse with another person
C) Consensual intercourse with a person of the opposite sex
D) Non-consensual intercourse with a woman not one's wife
E) none of the above

Answer 1

Non-consensual intercourse with another person

Question 2

Which of the following is probably a case of incest?

A) Non-consensual intercourse with a girl under age 18
B) Consensual intercourse between a man and his adult daughter
C) Consensual intercourse between a woman and her 10-year-old nephew
D) none of the above
E) both B and C

Answer 2

both B and C

Question 3

Which of the following may be an important piece of evidence in a rape case?

A) A description of the clothing worn by the victim
B) A description of the victim's physical state, including photographs of any injuries
C) Any physical evidence such as semen or saliva found on the victim or her clothes
D) all of the above
E) both B and C

Answer 3

both B and C

Question 4

The consent defense to charges of rape is most likely to work in which situation?

A) The victim was intoxicated, having imbibed a fifth of vodka over an evening on the town.
B) The victim is a relative aged 15.
C) The victim was a woman of the cloth over age 75.
D) The victim is a female aged 21.
E) None of the above

Question 5

Which is true of rape shield laws?

A) Have been on the books for 200 years
B) Provide that the defense can inquire into recent sexual history to explain the presence of physical evidence such as semen
C) Provide that the defense cannot inquire about the victim's prior sexual contact with the defendant
D) Provide that at no time can the defense bring up the victim's past sexual conduct
E) all of the above

Question 6

Under the Model Penal Code, rape is a male having intercourse with a woman other than his wife if:

A) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone.
B) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance.
C) the female is unconscious.
D) the female is less than ten years old.
E) all of the above

Question 7

Under the Model Penal Code, rape in the first degree occurs if the perpetrator:

A) inflicts serious bodily injury upon anyone.
B) was not a voluntary social companion of the victim on the occasion of the crime and she had not permitted him earlier sexual liberties.
C) was a total stranger to the victim.
D) both A and B.
E) A or B.

Question 8

In a rape case, prosecutors must prove:

A) that a sex act took place.
B) that the sex act took place by force or threat of force.
C) the victim did not or could not consent to the act.
D) the victim did not enjoy the act.
E) A, B, and C.

Question 9

Which items would be admitted into evidence for the defense under a rape shield law?

A) An orgy the victim participated in ten years before the alleged rape
B) An orgy the victim participated in the week before the alleged rape that the alleged assailant knew nothing about
C) Nude photos of the victim she voluntarily sent to the alleged assailant's cell phone hours before the alleged rape
D) all of the above
E) none of the above

Question 10

When DNA evidence is presented in court:

A) only the technician who processed the DNA may testify in compliance with the Constitution's confrontation clause.
B) the defense is not allowed to cross-examine the prosecution's expert, but may present its own.
C) it is presented because it is mandatory that every accused person have all relevant DNA evidence presented at trial.
D) a simple data summary is sufficient because a thorough explanation would confuse many jurors.
E) none of the above

Question 11

The UCR's new definition of rape includes what specific acts not included under the Common Law definition of rape?

A) Forcible fondling and incest.
B) Incest and statutory rape
C) Sodomy and sexual assault with an object.
D) Marital rape and incest
E) none of the above

Question 12

A eighteen year-old boy is dating a fifteen year-old girl and they are sexually active. He is more than three years older than she is. Under what set of state laws would the boy be committing strict liability forcible sodomy?

A) Age of consent 14, age difference 4 years.
B) Age of consent 16, age difference 2 years.
C) Age of consent 17, age difference 4 years
D) Age of consent 14, age difference 3 years
E) All of the above

Question 13

Which of the following meet the UCR's definition of sexual assault with an object (prior to 2013)?

A) A broomstick inserted into the victim's vagina against her will.
B) A sex toy inserted in the victim's mouth while sleeping.
C) A photoshopped image of a sex toy inserted into the victim's vagina.
D) An ice cube inserted into the victim's belly button against her will.
E) All of the above

Question 14

Which of the following scenarios constitutes forcible fondling?

A) An adult sexually touching a young boy's penis.
B) A male supervisor groping a female employee's breasts against her will.
C) A male supervisor groping a male employee's buttocks against his will.
D) A female adult groping young boy's genitals against his will.
E) All of the above

Question 15

Rape under Common Law never allowed for:

A) marital rape
B) male rape victims
C) female rapists
D) A, B, and C.
E) none of the above

Question 16

Consent is a defense to incest:

A) when both parties are over the state's age of consent.
B) when the female is older than the male.
C) always
D) never
E) none of the above

Question 17

The traditional definition of rape was:

A) sexual intercourse with an underage female.
B) sexual intercourse with anyone other than your wife.
C) forced sexual intercourse with a woman other than your wife.
D) forced sexual intercourse with anyone.
E) none of the above

Question 18

Which of the following pieces of evidence would be admitted under rape shield laws?

A) Evidence that the victim had previously had consensual sex with the defendant
B) Evidence that the victim engaged in sex with someone else shortly before the alleged attack as an explanation for vaginal injuries
C) Evidence the victim had sex with multiple partners within the last year
D) A and B only.
E) none of the above

Question 19

You represent a man accused of rape. He claims the victim agreed to have sex with him, but then accused him of rape afterwards. What evidence could you introduce to support his claim?

A) Evidence that the woman entered his bedroom voluntarily
B) Evidence that the woman disrobed voluntarily
C) Nude texts she had sent him prior to their meeting
D) all of the above
E) none of the above

Question 20

Until recently, the crime of rape did not include a sexual assault on one's wife.

Question 21

Today, rape laws apply to sexual assaults directed at both men and women.

Question 22

Incest is generally defined as sexual conduct between a father and a daughter.

Question 23

In statutory rape, the consent of the underage partner is irrelevant.

Question 24

Consent is always a defense to rape.

Question 25

Rape shield laws prohibit chastity belts.

Question 26

The fact that a woman discussed having a sexual relationship with the man she is accusing of raping her can never be admitted under rape shield laws.

Question 27

The consent defense is never available for sexual assault with an object.

Question 28

A male boss touching a female employee's breast on the job when she does not want him to is an example of forcible fondling.

Question 29

Consent is never a defense to incest.

Question 30

Oral sex can never be rape.

Question 31

Forcible Sodomy is a strict liability crime.

Question 32

Adults can use the consent defense to forcible fondling charges even when the victim is a child.

Question 33

Defendants have the right to cross-examine the technician who performed the DNA analysis at trial.

Question 34

A man raped at gunpoint would be a rape victim under the Common Law definition of rape.

Question 35

One of the elements prosecutors must prove in rape cases is that a sex act took place.

Question 36

The UCR's new definition of rape includes sexual assault with an object.

Question 37

Rape Shield laws prevent prosecutors from revealing the defendant's sexual past.

Question 38

A victim's consent to engage in oral sex is sufficient for a defendant to assume vaginal sex is consensual as well.

Question 39

Teenagers who are the same age and over the age of consent cannot be convicted of forcible sodomy for their joint consensual sexual acts.

Question 40

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the _________ of the victim constitutes rape under the new UCR definition.

Question 41

The _________ Law defines rape as forced sexual intercourse with a woman, not one's wife.

Question 42

A woman who claims her husband sexually assaulted her can file charges of ________ rape.

Question 43

A defendant who argues the victim agreed to have sex is using the ________ defense.

Question 44

Rape shield laws are rules of evidence that exclude a rape victim's ___________.

Question 45

A person under the ___________ of consent is said to lack the capacity to consent to sexual acts.

Question 46

Sexual touching of another person without permission is known as forcible _________.

Question 47

Sexual relations between close relatives constitutes the crime of _________.

Question 48

A defendant accused of statutory rape can assert the __________ defense if he believed the victim to be older than she was.

Question 49

To avoid having the statute of limitations expire on some sexual assault cases, some states allow prosecutors to file charges against a __________.

Question 50

MATCHING.

-Marital rape

A) The carnal knowledge of a person against that person's will.
B) Voluntary agreement by a competent person to another person's proposition.
C) An attack on a person in which there is groping or other offensive touching.
D) The rape of one's wife.

Question 51

MATCHING.

-Indecent assault

A) The carnal knowledge of a person against that person's will.
B) Voluntary agreement by a competent person to another person's proposition.
C) An attack on a person in which there is groping or other offensive touching.
D) The rape of one's wife.

Question 52

MATCHING.

-Consent

A) The carnal knowledge of a person against that person's will.
B) Voluntary agreement by a competent person to another person's proposition.
C) An attack on a person in which there is groping or other offensive touching.
D) The rape of one's wife.

Question 53

MATCHING.

-Forcible Rape

A) The carnal knowledge of a person against that person's will.
B) Voluntary agreement by a competent person to another person's proposition.
C) An attack on a person in which there is groping or other offensive touching.
D) The rape of one's wife.

Question 54

MATCHING.

-Forcible fondling

A) Oral or anal intercourse with another person against that person's will.
B) A defense where the perpetrator believed the victim was older than she was.
C) The unlawful use of an instrument to penetrate the genital or anal opening of a person against the person's will.
D) Sexual intercourse with someone unable to consent to the act.
E) The involuntary touching of another person's body parts for the purpose of sexual gratification.
F) Sexual activity between close relatives.

Question 55

MATCHING.

-Forcible Sodomy

A) Oral or anal intercourse with another person against that person's will.
B) A defense where the perpetrator believed the victim was older than she was.
C) The unlawful use of an instrument to penetrate the genital or anal opening of a person against the person's will.
D) Sexual intercourse with someone unable to consent to the act.
E) The involuntary touching of another person's body parts for the purpose of sexual gratification.
F) Sexual activity between close relatives.

Question 56

MATCHING.

-Sexual Assault with an object

A) Oral or anal intercourse with another person against that person's will.
B) A defense where the perpetrator believed the victim was older than she was.
C) The unlawful use of an instrument to penetrate the genital or anal opening of a person against the person's will.
D) Sexual intercourse with someone unable to consent to the act.
E) The involuntary touching of another person's body parts for the purpose of sexual gratification.
F) Sexual activity between close relatives.

Question 57

MATCHING.

-Incest

A) Oral or anal intercourse with another person against that person's will.
B) A defense where the perpetrator believed the victim was older than she was.
C) The unlawful use of an instrument to penetrate the genital or anal opening of a person against the person's will.
D) Sexual intercourse with someone unable to consent to the act.
E) The involuntary touching of another person's body parts for the purpose of sexual gratification.
F) Sexual activity between close relatives.

Question 58

MATCHING.

-Statutory Rape

A) Oral or anal intercourse with another person against that person's will.
B) A defense where the perpetrator believed the victim was older than she was.
C) The unlawful use of an instrument to penetrate the genital or anal opening of a person against the person's will.
D) Sexual intercourse with someone unable to consent to the act.
E) The involuntary touching of another person's body parts for the purpose of sexual gratification.
F) Sexual activity between close relatives.

Question 59

MATCHING.

-Mistake of age defense

A) Oral or anal intercourse with another person against that person's will.
B) A defense where the perpetrator believed the victim was older than she was.
C) The unlawful use of an instrument to penetrate the genital or anal opening of a person against the person's will.
D) Sexual intercourse with someone unable to consent to the act.
E) The involuntary touching of another person's body parts for the purpose of sexual gratification.
F) Sexual activity between close relatives.

Question 60

In cases where defendants were convicted without DNA evidence, should the courts always honor requests for DNA analysis from appealing convicts?

Question 61

What is the purpose of rape shield laws?

Question 62

Explain the mistake of age defense to statutory rape.

Question 63

Explain how rape laws have changed over the last 200 years.

Question 64

Discuss the challenges states that charge a DNA profile with a crime will face in meeting the standards the Supreme Court requires to satisfy the confrontation clause.