Deck 6: Assault, Rape, and Other Crimes Against the Person

Question 1

While today the terms _____________ are used interchangeably, historically they were different crimes and each could occur without the other.

A) breaking and entering
B) larceny and theft
C) assault and battery
D) aggravated assault and assault

Answer 1

C

Question 2

________________ refers to the unauthorized harmful or offensive touching of another.

A) breaking
B) theft
C) battery
D) assault

Answer 2

C

Question 3

From the following choices, pick the one that is the battery.

A) A stranger opens the door for you and inadvertently touches your shoulder.
B) A person you do not like puts his/her arm around your shoulder.
C) A person you do not like puts his/her arm around your waist.
D) Someone spits in your face.

Answer 3

D

Question 4

______________________, a crime with common law origins, refers to permanent injury inflicted on a victim with the intent to injure and that may disable or disfigure that person.

A) Assault and battery
B) Aggravated assault
C) Simple assault
D) Mayhem

Question 5

_______________________ is a crime against the person and against property and involves the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence or by putting the victim in fear.

A) Attempted robbery
B) Robbery
C) Aggravated assault with intent to steal
D) Grand larceny

Question 6

The elements of the crime of robbery include a ______________________ taking, carrying away of the personal property of another with the intent to steal.

A) volitional
B) unintentional
C) trespassory
D) felonious

Question 7

The act of moving things or people from one place to another is an element of robbery and is also known as:

A) transportation
B) exportation
C) asportation
D) importation

Question 8

Under the common law _____________ was defined as the unlawful carnal knowledge of a female without her consent.

A) assault and battery
B) simple robbery
C) aggravated assault
D) rape

Question 9

Under the common law forcible rape required _____________________, which was defined as the insertion of the penis into the vagina to any extent; emission did not have to occur for the crime to be complete.

A) sodomy
B) penetration
C) aggravated assault
D) assault and battery

Question 10

Another sexual conduct offense that was not an English common law offense but was an American common law offense is _________________. It generally included the ecclesiastical offenses and anal intercourse.

A) buggery
B) sodomy
C) beastiality
D) oral sex

Question 11

Which of the following is not one of the general elements of forcible rape and sodomy?

A) lack of consent
B) force
C) female or, in some jurisdictions, male gender
D) penetration

Question 12

Evidence of prior sexual experiences is generally not admissible under what is referred to as a __________________________ unless it can be shown that the evidence is relevant in that particular case.

A) prior knowledge rule
B) hearsay rule
C) rape shield statute
D) privilege against self-incrimination

Question 13

Statutory rape and, in some jurisdictions, other sexual acts with an underage person is punished under what theory of liability? For this reason consent is irrelevant in these cases.

A) vicarious
B) personal
C) strict
D) accomplice

Question 14

The major difference between kidnapping and false imprisonment is that false imprisonment lacks one element, that of:

A) restraint of a person
B) restricting the freedom of a victim
C) asportation
D) ransom

Question 15

The crime of ____________ is watching following, and harassing another repeatedly over a period of time inflicting mental distress.

A) harassment
B) terroristic threat
C) sexual harassment
D) stalking

Question 16

When the crime of stalking is accomplished using the Internet and the communications are therefore electronic, the crime is identified as:

A) Internet stalking
B) Cyberstalking
C) Electronic stalking
D) Aggravated stalking

Question 17

Some behaviors that victims of stalking are subjected to include all EXCEPT:

A) Waiting at places for the victim
B) Following or spying on the victim
C) Moving to same city of a victim
D) Leaving unwanted items, presents, or flowers

Question 18

CPS reported that in 2013 there were 679,000 abuse and neglect cases, this is down since 2009.

A) 2.8%
B) 3.8%
C) 4.6%
D) 5.6%

Question 19

CPS reported that in 2013 _______ of the 679,000 abuse and neglect cases were children under three years old.

A) 17.8%
B) 18.3%
C) 27.3%
D) 29.6%

Question 20

CPS reported that in 2013 ________ of the 679,000 abuse and neglect cases were children between ages three and five years of age.

A) 19.7%
B) 20.5%
C) 22.4%
D) 24.8%

Question 21

Unlawful attempt or threat to inflict immediate harm or death is called:

A) Assault
B) Mayhem
C) Abuse
D) Battery

Question 22

What term refers to conditions, such as the use of a weapon, that add to the seriousness of the act?

A) Mitigation
B) Aggravation
C) Battery
D) Brutality

Question 23

A more serious assault is referred to as a(n):

A) Harmful assault
B) Aggravated assault
C) Battery
D) Major assault

Question 24

What is the term for the definition of forcible rape as defined prior to 2012?

A) Revised definition
B) Prominent definition
C) Legacy definition
D) Accepted definition

Question 25

Under common law, the requirement of was usually interpreted to mean any penetration of the vagina by a penis.

A) Penetration
B) Rape
C) Forcible rape
D) Sodomy

Question 26

Distinguish between common law assault and the modern definition of assault.

Question 27

Distinguish between the Model Penal Code offense of rape and the common law offense of forcible rape.

Question 28

Summarize the modern statutes regarding rape shield and the marital rape exception, and explain the limitations on the application of these concepts.

Question 29

Discuss and explain the elements for forcible rape and sodomy.

Question 30

Discuss the differences between assault and battery, and explain why the two are so often referred to as one crime.

Question 31

Discuss the policy changes necessitated by the prevalence of crimes such as date rape, and marital rape.

Question 32

Of the property crimes, robbery is the only one that is also listed as a violent crime. Explain why it can be included in both categories.

Question 33

Discuss how domestic violence changed from the early U.S. criminal laws to the 1994 Violence Against Women Act.

Question 34

Discuss the differences as reflected in modern statutes between the common law crime of robbery and the modern versions of robbery.

Question 35

Many sexual abusers of children explain their behavior as consenting. Explain why this defense is unavailable in most instances, even in instances of statutory rape charges.

Question 36

In the case of sexual intercourse between a father and daughter, would the charge be incest or sexual assault, and why?

Question 37

Explain some of the challenges within kidnapping when the offender is the child's parent.

Question 38

What was the holding in Lawrence v. Texas (2003)? What reasoning was presented by the U.S. Supreme Court to support their decision?

Question 39

Define simple assault, aggravated assault, reckless assault, and mayhem.

Question 40

What situation might elevate the offense of robbery, to aggravated robbery?

Question 41

Describe the difference between battery and assault at common law. What elements are needed to prove each offense?

Question 42

Explain why stalking is difficult for the victim to prove.

Question 43

What is a rape shield statute? Why were they created? In your answer, explain the offense of rape at common law and how it has changed into the statutes in most jurisdictions today.