Deck 6: Sexual Offenses Against the Person

Question 1

What is the critical question in all rape case law and adjudication?

A) Sexual contact
B) Force
C) Penetration
D) Criminality

Answer 1

B

Question 2

In which of the following circumstances are the issues of force are sometimes unclear in defining criminal conduct?

A) Date rape
B) Unwanted sexual touching
C) Attempted sexual assault
D) Victim resistance to force

Answer 2

A

Question 3

In rape case, the issues involved in force and consent, or lack of consent, have been addressed by state legislatures by

A) More closely defining force and consent
B) Making it more difficult to prove force and lack of consent
C) Harshly punishing victims for embellishments of force and lack of consent
D) A legislative movement toward including proof of compulsion and coercion to clarify instances where force by traditional definitions might not be clear

Answer 3

D

Question 4

In rape law, consent means

A) Not resisting regardless of the method of sexual advance made by the actor
B) Making a positive verbal statement in acquiescence to sexual activity
C) An intellectual assent and emotional willingness lacking objection indicating permission for the sexual conduct
D) Consent is in the mind of the recipient of the sexual advances whether conveyed to the actor or not

Question 5

Which of the following is not a circumstance where a person is deemed incapable of consent to sexual intercourse or other sexual activity?

A) A person less than a specific designated by the legislature as the age of consent
B) A person mentally incapacitated
C) A person physically helpless
D) A very intoxicated person who is still conscious

Question 6

In forcible rape cases, what must prosecutors do to overcome the defense allegation that the victim consented to the sexual intercourse?

A) The victim's statement alone is always sufficient to sustain lack of consent
B) Objective evidence of the force employed and the consent not given
C) Impeaching the defendant's statements of consent
D) Introducing crime victim studies on rape

Question 7

In rape cases where consent, or lack of consent, is in question and objective evidenced of the lack of consent is lacking, the defense will often attempt to look at which of the following?

A) Victim previous association with the defendant
B) Victim's willingness to be in the situation with the defendant leading to the sexual intercourse
C) The victim's history
D) All of the above

Question 8

Which of the following is not a factor at the heart of determining consent in rape cases lacking physical proof of physical violence?

A) Victim's sexual history
B) The subjective state of the victim
C) The objective state of the evidence collected
D) The profile of both victim and offender

Question 9

Regarding proof of sexual intercourse to sustain the charge of rape, which of the following is not sufficient to prove penetration?

A) Physical proof, such as vaginal bruising or lacerations
B) Presence of semen
C) An unconscious victim lacking physical evidence of penetration
D) Victim statement of penetration with no physical evidence

Question 10

What is the marital exemption in relationship to rape laws?

A) A husband can be convicted of raping his wife
B) A husband cannot be convicted of raping his wife
C) A husband can be convicted of raping an ex-wife
D) There is no longer any such exemption available in the U.S.

Question 11

The legislatures of some states have chosen to change rape laws so they are

A) More uniform with federal law
B) Making rape an even more serious crime than it was under common law
C) Gender neutral
D) Consistent with the old common law

Question 12

Laws written to minimize or preclude questioning of rape victims about their sexual background, experiences, or proclivities are called

A) Prejudicial questioning exemptions
B) Rape victim exemptions
C) Rape victim gag orders
D) Rape shield laws

Question 13

Under federal rules of criminal procedure which of the following is true considering evidence introduced at trial about the defendant's past?

A) Evidence of the defendant's commission of another offense or offenses of sexual assault may be introduced
B) Evidence of the defendant's commission of another offense or offenses of sexual assault may not be introduced
C) Evidence of the defendant's commission of another offense or offenses of sexual assault may be introduced if the victim's sexual history comes into question
D) Evidence of the defendant's commission of another offense or offenses of sexual assault only if the defendant was acquitted

Question 14

What is the intent requirement for statutory rape?

A) Specific
B) General
C) Limited
D) It is a strict liability offense

Question 15

What is the purpose of statutory rape laws?

A) To prevent incest
B) To protect young people from sexual predatory offenders
C) To prevent sexual choice of the very young
D) To legislate morality for the young

Question 16

The crime of sodomy uniquely among sexual assault law requires which of the following?

A) Consent is not an issue
B) Penetration is not an issue
C) Requires an act of deviate sexual intercourse
D) Rape shield laws do not apply

Question 17

Which of the following is an example of what laws define as deviate sexual intercourse?

A) Pornographic images of sexual intercourse on film
B) Anal and\or oral without consent
C) Indecent exposure during sexual intercourse, consent not an issue
D) Acts of prostitution

Question 18

Which of the following are true about laws involving the use of an inanimate object for sexual penetration?

A) Some states have designed specific laws to prohibit such activities without consent
B) Prohibitions concerning such acts are rooted in our religious heritage
C) Are included in laws prohibiting deviate sexual intercourse
D) All of the above

Question 19

Which of the following is true about laws regarding consensual sodomy?

A) The U.S. Supreme Court found laws prohibiting consensual sodomy are unconstitutional
B) The U.S. Supreme Court found laws prohibiting consensual sodomy are constitutional
C) The U.S. Supreme Court found laws prohibiting consensual sodomy are constitutional but all states have eliminated these statutes
D) Consensual sodomy laws of all states with such laws are remarkably similar

Question 20

Necrophilia is defined as

A) Defilement of any sort of a corpse, including sexual contact
B) Using a corpse in a satanic ritualistic rite
C) Sexual defilement of a course
D) As a psychosexual disorder that is not criminalized conduct

Question 21

In states that have laws prohibiting the sexual transmission of HIV, which of the following is not a requirement for prosecution?

A) Specific intent is required
B) The person with HIV must know he or she has HIV
C) There must be evidence of repeated sexual contact not just one encounter
D) The person with HIV did not inform his or her partner of the presence of the disease

Question 22

Under most incest laws, which of the following family relationship would not prohibit consensual sexual contact?

A) First cousins
B) Half brother or sister
C) A child and a long time live-in partner of the mother
D) Nephews and nieces

Question 23

The crime of endangering the welfare of a minor primarily focuses on what aspect of the conduct of the adult committing the offense?

A) The amount of harm
B) The accused knowingly violates his or her duty of care
C) The general intent requirement
D) This is not a crime but a civil matter

Question 24

States that have enacted child molestation crimes have defined the statutes to focus on what types of criminal acts?

A) Sexual contact with the accused
B) Sexual intercourse with the accused
C) Employing the child in prostitution without any sexual contact between the accused
D) Taking nude photos of a child without sexual contact

Question 25

The pedophile have intense sexual fantasies, urges, or behaviors involving

A) Children in puberty
B) Prepubescent children
C) Infants only
D) Adults of the same sex

Question 26

The law allowing states to require sex offenders to register upon release from prison while on probation is called

A) Megan's Law
B) Label Law
C) Federal Sexual Predatory Regulation and Register Law
D) Civil Commitment Law for Sexual Predators

Question 27

The 1998 law enacted by Congress called the Child Online Protection Act prohibits what conduct?

A) Computer chat room discussions of any kind between adults and minors
B) Knowingly communicating harmful materials to minors
C) An adult going on line and pretending to be a child
D) Obtaining adult pornographic material

Question 28

Megan's Law requires offenders to register if sexual predators. What is the most accurate statement regarding the law?:

A) That most offenders register
B) That police resources are sufficient to track predators
C) That registration helps minimize future acts of pedophilia
D) None of these statements are accurate

Question 29

The ___________ has provided the pedophile and molester with a unique safe haven.

A) Playground
B) Internet
C) Webcam
D) Movie theater

Question 30

Sexual intercourse between persons so closely related that they are forbidden by law to marry is called:

A) Incest
B) Lewd
C) Inappropriate
D) Lascivious

Question 31

Which of the following is an element of statutory rape?

A) Not married to each other
B) Sexual intercourse
C) Person under the legal age of consent
D) All of the above

Question 32

Which is not an element of sodomy?

A) Deviate sexual intercourse
B) With force
C) With consent
D) Same-sex or opposite- sex activity

Question 33

Rape laws have shown movement in some states toward including proof of compulsion and coercion to show lack of consent to the sexual intercourse.

Question 34

In order to obtain a rape conviction there must have been force and the victim must have physically resisted the force in some way.

Question 35

Persons physically incapacitated, in comas are deemed incapable of consent to sexual intercourse.

Question 36

In rape cases, the prosecution and jurors place great emphasis on objective evidence of the force employed by the defendant and the consent not given by the victim in order to obtain a conviction.

Question 37

Evidence of physical injury, torn clothing or other signs of physical trauma are necessary for a rape conviction.

Question 38

In rape cases consent encompasses both the subjective state of the victim, the objective state of the physical evidence collected, and the profile of both victim and offender.

Question 39

Reform legislation of rape laws eliminating the requirement for victim resistance to force precludes the defense form using any facts or circumstances dealing with real or perceived lack of resistance.

Question 40

In all states, a man cannot be held criminally culpable for forcing his wife to submit to forced sexual intercourse.

Question 41

At common law, the crime of rape was exclusively a female victimization, while today the trend is towards gender neutrality.

Question 42

The purpose of rape shield laws is to prevent the criminal history of the defendant from consideration in a new rape allegation.

Question 43

In a rape case, the victim's sexual history cannot be used by the defense in court.

Question 44

Under Federal evidentiary rules, in a case involving a criminal defendant accused of rape, the defendant's commission of a seminal act is admissible.

Question 45

Statutory rape prohibits sexual intercourse between a person under the age of consent and a person of sufficient age differences as prescribed by the individual state statute.

Question 46

If an adult physically forces a child, under the age of consent, to have sexual intercourse, the defendant is still charged with statutory rape because of the child's age.

Question 47

Forced anal or oral sodomy is criminally defined as deviate sexual intercourse.

Question 48

Consensual sodomy is lawful in all fifty states because the U.S. Supreme Court struck down laws prohibiting such conduct.

Question 49

Necrophilia is often defined in law as abuse of a corpse.

Question 50

A person who has sexual intercourse with a corpse can be charged with the crime of abuse of a corpse or rape, within the discretion of the prosecutor.

Question 51

Sexual transmission of HIV between sexual partners is a civil matter not a criminal one.

Question 52

Incest can be charged when a husband forcibly rapes his wife.

Question 53

The crime of endangering the welfare of a minor applies only to parents and their children.

Question 54

The crime of endangering the welfare of a minor is a specific intent crime.

Question 55

Child molestation prohibits sexual contact with a child which includes a variety of sexual touching not just insertion or intrusion into the body of the child.

Question 56

The Child Online Protection Act of 1998 requires sexual predators to register online with the police in the jurisdiction they live.

Question 57

The evidentiary relationship between force and consent are firmly grounded in rape law.

Question 58

A person is deemed incapable of consent if he is mentally incapacitated.

Question 59

Yelling is a form of passive resistance and may will never qualify as sufficient resistance.

Question 60

Only females can be victims of rape in some jurisdictions.

Question 61

Statutory rape is a strict liability offense.

Question 62

The age of legal consent varies from state to state.

Question 63

Necrophilia is a psychosexual disorder and thus not a crime.

Question 64

The sexual transmission of HIV is a punishable criminal behavior in all 50 states.

Question 65

Incest is exclusively based on consanguinity.

Question 66

In general, the systematic reaction to child molestation tends to be less severe than other sexual offenses.

Question 67

What are the elements of the crime of rape?

Question 68

How much force is required to constitute the crime of forcible rape?

Question 69

Who, according to the law, is incapable of consenting to sexual conduct?

Question 70

For the crime of rape does the victim have to sustain serious bodily injury? Explain.

Question 71

Is there a requirement by law that a rape victim must resist or attempt to resist the force required to commit the crime of rape?

Question 72

To what extent must there be sexual penetration to constitute the crime of rape?

Question 73

How does the law handle forced sexual intercourse between married people?

Question 74

How does the law regard sexual assault against men?

Question 75

Is there a difference, between men and women victims, in the manner in which these sexual assaults are handled?

Question 76

How does the law consider the victim's sexual history or conduct during a criminal trial for a sexual crime?

Question 77

What are the elements of "statutory rape?"

Question 78

For legal purposes, what is considered deviate sexual intercourse?

Question 79

How has the law criminalized necrophilia?

Question 80

For the crime of incest, what level of family relationships are considered in laws prohibiting sexual intercourse between family members?