Deck 11: Criminal Sexual Conduct, Assault and Battery, Kidnapping, and False Imprisonment

Question 1

______ rape requires serious bodily injury or death or the use of threat to use a deadly weapon or repeated rape.

A) Acquaintance
B) Second-degree
C) First-degree
D) Purposeful

Answer 1

C

Question 2

The ______ to the U.S. Constitution guarantees individuals to a fair trial and provides that individuals have the right to confront the witnesses against them.

A) Sixth Amendment
B) First Amendment
C) Ninth Amendment
D) Fourth Amendment

Answer 2

A

Question 3

The general rule is that ______ is a strict liability offense in which a male is guilty of rape by engaging in intercourse with an underage female.

A) pedophilia
B) child molestation
C) child endangerment
D) statutory rape

Answer 3

D

Question 4

______ involves the compulsion of another to participate in a sexual act without consent, or through threat or coercion, or by placing another person in fear of imminent bodily injury.

A) Acquaintance rape
B) Second-degree rape
C) First-degree rape
D) Purposeful rape

Question 5

All of the following are elements of rape under the common law EXCEPT ______?

A) carnal knowledge
B) against a woman's will
C) carried out by force
D) rape of a woman or a man

Question 6

The ______ approach requires an act of force beyond the physical effort required to accomplish penetration.

A) intrinsic force
B) extrinsic force
C) bodily injury
D) use of threat

Question 7

______ is consent to intercourse that results from a misrepresentation as to the purpose or benefits of the sexual act.

A) Fraud in the factum
B) Fraud in the inducement
C) Withdrawal of consent
D) Reasonable resistance

Question 8

______ became the first state to pass a law on the withdrawal of consent.

A) Mississippi
B) Nebraska
C) Illinois
D) California

Question 9

A(n) ______ is the application of force to another person.

A) battery
B) assault
C) confrontation
D) argument

Question 10

The common law treated rape as a capital case punishable by ______.

A) life imprisonment
B) death
C) fine
D) rehabilitation

Question 11

False imprisonment may overlap with all of the following EXCEPT ______?

A) kidnapping
B) assault and battery
C) false imprisonment
D) arson

Question 12

Resistance is not required under the common law standard under so-called ______.

A) fraud in the factum
B) fraud in the inducement
C) withdrawal of consent
D) reasonable resistance

Question 13

______ laws prohibit the introduction of evidence concerning a victim's past sexual activity.

A) Sexual history
B) Past activity
C) Rape shield
D) Sexual shield

Question 14

Under common law and in state statutes, ______ is defined as the intentional and unlawful confinement or restraint of another person.

A) abduction
B) kidnapping
C) false imprisonment
D) child theft

Question 15

A(n) ______ may be committed either by attempting to commit the application of force to another person, or by intentionally placing another person in fear of the application of force.

A) battery
B) assault
C) confrontation
D) argument

Question 16

______ under common law was the forcible abduction or stealing away of a person from his or her own country and sending him or her into another country.

A) Abduction
B) Kidnapping
C) False imprisonment
D) Child theft

Question 17

In order to protect the rape victim from further humiliation and "victimization" at trial, ______ laws were passed in all states.

A) rape victim protection
B) statutory rape
C) rape trial procedure
D) rape shield

Question 18

The ______ approach requires the amount of force required to achieve penetration.

A) intrinsic force
B) extrinsic force
C) bodily injury
D) use of threat

Question 19

All of the following are requirements for aggravated battery EXCEPT ______.

A) serious injury
B) the use of a dangerous or deadly weapon
C) the intent to kill, rape, or serious bodily harm
D) walking away after considering the commission of the crime

Question 20

Some courts permit victims to present expert witnesses on the psychological issue of ______, which is the psychological and medical condition of some rape victims.

A) rape trauma syndrome
B) post-traumatic stress syndrome
C) sexual abuse syndrome
D) rape trauma psychosis

Question 21

______ occurs when a rape is committed by a perpetrator who is known to the victim.

A) Statutory rape
B) Aggravated rape
C) Acquaintance rape
D) Affirmative rape

Question 22

The confinement component of false imprisonment may be achieved through which of the following actions?

A) locking a door
B) tying someone to a chair
C) threatening harm if someone attempts to leave a confined location
D) all of these

Question 23

Under common law, ______ describes a situation when one deprives a human being of a member of his or her body, or disables, disfigures, or renders it useless.

A) aggravated mutilation
B) anatomical mutilation
C) mayhem
D) aggravated battery

Question 24

______ involves transmitting a threat through an electronic device of immediate or future bodily harm, sexual assault, confinement, or restraint against a person.

A) Stalking
B) Cyberstalking
C) Assault
D) Battery

Question 25

What type of battery is punished more severely than other types of assaults and batteries?

A) misdemeanor battery
B) cyber battery
C) acquaintance battery
D) domestic battery

Question 26

The central issue of ______ is the extent of movement from one place to another.

A) abduction
B) kidnapping
C) false imprisonment
D) child theft

Question 27

What allows countries that have signed the treaty to prosecute an offender who has taken hostages or send the offender to a nation claiming the right to prosecute the offender?

A) PROTECT Act of 2003
B) Violence Protection Act of 2000
C) International Convention Against the Taking of Hostages
D) International Convention for Cooperation and Resolution of Hostage Situations

Question 28

All of the following are changes resulting from rape reform EXCEPT ______.

A) only men can be found guilty of rape
B) there are degrees of rape differentiated from one another based on the seriousness of the offense
C) the definition of sexual intercourse was expanded
D) victims' rights became an issue prominent in U.S. politics

Question 29

Timothy, a senior college student, has a crush on a new freshman who is a member of a sorority. Timothy tries to get close to her by becoming friends with her sorority sisters, He is invited over to their house. He sneaks away from the group and places a tape recorder in his crush's room hoping she may talk about him or that it will help him to figure out what kinds of things she likes. Is Timothy guilty of stalking?

A) Yes, one element is met.
B) No, no elements have been met.
C) It depends on whether the jurisdiction utilizes the objective approach or the subjective approach.
D) He is guilty of aggravated stalking.

Question 30

Richard is a college student. He is bright and always raises his hand to offer the correct answer to almost every question in class. One day, as he raises his hand, the student behind him lunges forward with a knife in an attempt to cut Richard's wrist and teach him a lesson for being a know it all. The student misses and Richard is unaware of the attempt. Which of the following crimes has been committed?

A) aggravated battery
B) the assault of placing another in fear of a battery
C) an attempted-battery assault
D) misdemeanor battery

Question 31

Which case was the first to recognize the objective test that recognizes it is a defense to rape that a defendant honestly and reasonably believed that the rape victim consented?

A) State v. Plunkett
B) People v. Mayberry
C) Director of Public Prosecutions v. Morgan
D) Garnett v. State

Question 32

Felicia and Tom went out on their first date, and at the conclusion of their evening Tom invited Felicia to come to his apartment for a drink. She liked him and felt inclined to do so. Once Felicia was inside she sat down and made herself comfortable while Tom prepared some mixed drinks. When he came back into the room he turned the lights off and snuck up behind Felicia to blindfold her. She screamed. He ripped her clothing off and engaged in sexual activity with her while she was physically attempting to fight him off. This is an example of what?

A) withdrawal of consent
B) intrinsic force
C) extrinsic force
D) rape

Question 33

The main difference between extrinsic force and intrinsic force is which of the following?

A) whether the force is applied externally or internally
B) whether the force is applied outside the home or inside the home
C) the amount of force used
D) the strength of the perpetrator

Question 34

All of the following are statutory rape approaches are utilized when an individual who is physically mature misrepresents their age EXCEPT ______.

A) recognizing that statutory rape should not be a crime when the parties are roughly of the same age
B) allowing for penalties of different severities based on the age of the victim
C) a promiscuity defense
D) enforcing enhanced mandatory minimums for both the victim and perpetrator to deter future sexual conduct

Question 35

All of the following are considerations upon which statutory rape is based EXCEPT ______.

A) this type of conduct is immoral and contrary to social values
B) sexual relations are psychologically damaging to a minor
C) A minor is incapable of understanding the nature and consequences of his or her act
D) individuals who commit this crime have serious mental issues and should submit to mental evaluation

Question 36

When an individual engaged in sexual activity wishes to stop and his/her partner continues, what criminal charge is appropriate?

A) assault
B) battery
C) domestic violence
D) rape

Question 37

All of the following may increase a criminal charge of stalking to aggravated stalking EXCEPT ______.

A) causing bodily harm
B) restraining the victim
C) violating a judicial order prohibiting such conduct
D) adhering to current no-contract orders

Question 38

The objective test requires what kind of conduct to demonstrate that the victim's nonconsensual reactions were capable of being reasonably, but mistakenly, interpreted by the assailant as indicating consent?

A) unequivocal behavior
B) equivocal conduct
C) physical proof
D) proof beyond a reasonable doubt

Question 39

Legislation that provides that a person "who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or conduct" is referring to what concept?

A) freedom of choice
B) right to choose
C) withdrawal of activity
D) withdrawal of consent

Question 40

Statutory rape is a(n) ______ offense and does not need to establish mens rea.

A) forcible compulsion
B) strict liability
C) actus reus
D) reasonable mistake

Question 41

In 1977, the U.S. Supreme Court declared that a death penalty for rape was constitutional.

Question 42

In states that do not recognize ______, rape is a strict liability offense where the defendant is liable regardless of the reasonableness of his belief concerning consent.

A) mistake of fact
B) withdrawal of consent
C) physical proof
D) proof beyond a reasonable doubt

Question 43

No jurisdictions have adopted gender neutral statutes that provide that men as well as women may be the perpetrators or victims of rape.

Question 44

Modern battery statutes require some form of physical contact that results in bodily injury or offensive touching.

Question 45

All of the following are elements of stalking EXCEPT ______.

A) following another individual
B) creating the apprehension that a family member will be placed in immediate or future bodily harm
C) placing an individual under surveillance
D) ending a relationship and all contact with the individual

Question 46

The crime of stalking is recognized in all 50 states.

Question 47

In 2003, the first state passed a law on the withdrawal of consent.

Question 48

Battery is confined to the direct application of force by an individual.

Question 49

A woman consented to treatment for menstrual cramps by a doctor. The doctor was very detailed outlining the treatment and its benefits. He instructed her to make weekly appointments at his office for the next 6 weeks. During these appointments he told her he would first inspect her by inserting a metal instrument followed by inserting his sexual organ in her which would allow him to further investigate the cause of her cramps and massage her female organs. She signed a release and fully understood what the treatment entailed. This is an example of which of the following?

A) fraud in inducement
B) fraud in the factum
C) withdrawal of consent
D) reasonable resistance

Question 50

Assault and battery are a single crime and are not separate offenses.

Question 51

Jerica and Sam have known each other for a couple of years. They recently began dating. The pair spent all of last weekend together and had sexual relations for the first time. Jerica now says she was raped. In which of the following situations may Sam have a defense in a jurisdiction applying the objective test?

A) No verbal consent was made. Actions did not manifest consent. Sam pinned Jerica down on the couch unexpectedly and ripped her clothes off as she yelled loudly for him to stop.
B) Jerica never verbally indicated consent but her actions manifested consent. Once the activity began, she changed her mind and pushed him aside. Sam chased her down and pushed her to the floor and continued.
C) Jerica verbally indicated consent to Sam. The two put on loud music, making it virtually impossible to communicate any further. Jerica changed her mind and said she would like to stop. Sam never heard her communication and she made no further efforts.
D) Jerica verbally indicated consent to Sam. Once the activity began she started crying and yelled that he must stop.

Question 52

The common law defined rape as the forcible carnal knowledge of a woman against her will.

Question 53

A woman consented to treatment for menstrual cramps by a doctor. He began treatment by inserting a metal instrument. Minutes later he removed the metal instrument and, without consent, inserted his sexual organ. This is an example of which of the following?

A) fraud in inducement
B) fraud in the factum
C) withdrawal of consent
D) reasonable resistance

Question 54

The essence of the actus reus of the common law of rape remains the employment of force to cause another individual to submit to sexual penetration without consent.

Question 55

As late as 1984, 40 states recognized a marital exemption that provided that a husband could not be held liable for the rape of his wife.

Question 56

Rape shield laws allow the defense to ask the victim about sexual relations other than the accused.

Question 57

All 50 states recognize statutory rape as gender-neutral offenses.

Question 58

A number of states and the federal government have passed laws to combat the new crime of cyberstalking.

Question 59

Fraud in the factum is not rape.

Question 60

Fraud in the inducement is not rape.

Question 61

Ellen and George had been dating for a few weeks when they decided to have intercourse. After the intercourse, Ellen broke up with George and testified that she had been raped. During the trial, George's defense attorney wanted to bring in evidence that in a previous relationship, Ellen had intercourse with her significant other, then claimed he raped her after breaking up with him. Should the judge allow the jury to hear the evidence? Why or why not?

Question 62

At a bar, Marge approaches Jim because she recognized him from previously dating her roommate. Jim buys Marge a few drinks and they talk for hours. As the bar closes, Jim asks Marge to come back to his place for a few more drinks. Marge goes along and when they get back to the apartment, Jim takes Marge into the bedroom. There, Jim begins taking off Marge's clothes when she tells him to stop. Marge testifies that she told Jim she had a boyfriend hoping that would be incentive for Jim to stop. Jim continued to remove her clothing, then his own, and proceeded to have intercourse with Marge. When asked why she did not resist, she testified that she was afraid that he would hurt her. Her roommate had been beaten by Jim in the past, and she was fearful that he would beat her as well. When the intercourse was complete, Marge ran out of the apartment and went to the police. Analyze and discuss the case under the extrinsic force test.

Question 63

At a bar, Marge approaches Jim because she recognized him from previously dating her roommate. Jim buys Marge a few drinks and they talk for hours. As the bar closes, Jim asks Marge to come back to his place for a few more drinks. Marge goes along and when they get back to the apartment, Jim takes Marge into the bedroom. There, Jim begins taking off Marge's clothes when she tells him to stop. Marge testifies that she told Jim she had a boyfriend hoping that would be incentive for Jim to stop. Jim continued to remove her clothing, then his own, and proceeded to have intercourse with Marge. When asked why she did not resist, she testified that she was afraid that he would hurt her. Her roommate had been beaten by Jim in the past, and she was fearful that he would beat her as well. When the intercourse was complete, Marge ran out of the apartment and went to the police. Analyze and discuss the case under the intrinsic force test.

Question 64

False imprisonment requires movement.

Question 65

False imprisonment is a crime that punishes interference with the freedom and liberty of the individual.

Question 66

What is the common law definition of rape?

Question 67

Name four of the provisions under the modified rape statutes.

Question 68

What is the difference between assault and battery?

Question 69

What are four reasons why rape shield laws prohibit evidence relating to a victim's general sexual activity?

Question 70

The most serious sexual offense is statutory rape.

Question 71

What is kidnapping?

Question 72

What is the difference between kidnapping and false imprisonment?

Question 73

What are the requirements of aggravated battery?

Question 74

One night, Jacob is walking home from his shift at a bar. Steven walks up behind him and holds up his index finger to Jacob's back; Jacob believes it is a gun. Steven instructs him to walk to the adjacent alley, kneel on the ground facing the wall, and orders Jacob to give him all his money, valuables, and cell phone. Steven threatens Jacob and tells him not to make any sound or Steven will shoot him. After Steven leaves, Jacob quickly reports the crime and a patrol car was sent to canvas the location. Steven is found with Jacob's items and is subsequently arrested. Is Steven liable for attempted battery assault? Why or why not? Is Steven liable for assault of placing another in fear of a battery? Why or why not?

Question 75

What is statutory rape?

Question 76

What is the Lindbergh Law?

Question 77

What is the difference between stalking and cyberstalking?

Question 78

Lisa's doctor has informed her that there is a new cure for menstrual cramps. For the cure to work, the doctor must inject the serum into an anonymous donor who she will have sex with. The doctor ordered Marge to meet the donor in a nearby hotel the next day and he would make sure that the procedure was completed. Marge did as she was told, had sex with the donor, and later found out that she had not been cured, nor was there ever a cure to begin with. Marge claims that she was raped. Was Marge raped? Why or why not?

Question 79

The "Lindbergh Law" prohibits kidnapping and carrying an individual across state lines for the purpose of obtaining a ransom or reward.

Question 80

The "Lindbergh Law" included parents from coverage.