Question 1

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

Accepted Answer

The critical question in all rape case law and adjudication is whether or not there was force involved in the sexual contact. Even if there was no physical force, the lack of consent can still constitute as force.

Question 2

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

Accepted Answer

A

Question 3

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

Accepted Answer

Many state legislatures have recognized that there are instances where force or lack of consent may not be clear-cut in cases of rape. Therefore, they have moved towards including proof of compulsion and coercion to clarify these instances. This allows for a more comprehensive understanding of what constitutes rape and can lead to harsher punishments for perpetrators. Options A and B could be seen as counterproductive to addressing the issue of rape, while option C is not only unjust but also reinforces harmful victim-blaming attitudes.

Question 4

In rape law, consent means

Accepted Answer

Consent in rape law is an intellectual assent and emotional willingness lacking objection indicating permission for the sexual conduct. It is not dependent on physical resistance or a positive verbal statement, but rather the absence of objections and the presence of willingness. Consent is also subjective and can be revoked at any point.

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?

Accepted Answer

A very intoxicated person who is still conscious is not automatically deemed incapable of giving consent. However, if the level of intoxication impairs their judgment and decision making to the point where they are unable to fully understand the nature and consequences of the sexual activity, then they may be considered incapable of giving consent.

Question 6

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

Accepted Answer

In forcible rape cases, prosecutors must present objective evidence of the force used and the lack of consent given to overcome the defense allegation that the victim consented to the sexual intercourse. The victim's statement alone may not be sufficient as the defense may argue that they consented. Impeaching the defendant's statements of consent or introducing crime victim studies on rape may not directly prove lack of consent in the specific case at hand. It is important for prosecutors to gather physical evidence, witness statements, and any other objective evidence that can support the lack of consent argument.

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?

Accepted Answer

In cases where consent is in question and there is no objective evidence of lack of consent, the defense may attempt to examine all aspects related to the victim, including their previous association with the defendant, their willingness to be in the situation that led to the sexual intercourse, and their overall history. This approach is often used to try to establish a narrative about the victim's behavior and choices that could suggest consent.

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?

Accepted Answer

The victim's sexual history is not a factor at the heart of determining consent in rape cases lacking physical proof of physical violence. Consent must be determined based on the subjective state of the victim, the objective state of the evidence collected, and the profile of both victim and offender. However, the victim's sexual history may be brought up in court by the defense in an attempt to discredit the victim's testimony or suggest that they consented to the sexual activity.

Question 9

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

Accepted Answer

While physical proof and semen can be used to support a claim of penetration, the absence of such evidence does not necessarily disprove it. However, a victim's statement alone, without any physical evidence, may not be enough to prove penetration beyond a reasonable doubt. Additionally, an unconscious victim lacking physical evidence may also not be sufficient to prove penetration as there could potentially be alternative explanations for their lack of physical evidence.

Question 10

What is the marital exemption in relationship to rape laws?

Accepted Answer

The marital exemption refers to the outdated legal concept that a husband cannot be convicted of raping his wife, as the act was not considered a crime within the marital relationship. However, this has been abolished in most states in the U.S. and it is now widely recognized that marital rape is a serious crime.

Question 11

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

Accepted Answer

Some states have amended their rape laws to be gender neutral, recognizing that victims and perpetrators can be of any gender.

Question 12

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

Accepted Answer

Laws written to minimize or preclude questioning of rape victims about their sexual background, experiences, or proclivities are called rape shield laws. These laws aim to protect the victim's privacy and dignity during a trial and prevent victim-blaming.

Question 13

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

Accepted Answer

Under the Federal Rules of Evidence, particularly Rule 413, evidence of the defendant's commission of another offense or offenses of sexual assault may be admitted in a criminal case where the defendant is accused of a sexual assault charge. This rule allows for the introduction of such evidence to show a pattern of behavior, despite the general prohibition against character evidence to prove conduct.

Question 14

What is the intent requirement for statutory rape?

Accepted Answer

Statutory rape is typically a strict liability offense, meaning that the prosecution does not need to prove intent, knowledge, or recklessness on the part of the defendant. Rather, the simple act of engaging in sexual activity with a minor is enough to establish the crime.

Question 15

What is the purpose of statutory rape laws?

Accepted Answer

The purpose of statutory rape laws is to protect young people from sexual predatory offenders. These laws are designed to prevent adults from taking advantage of minors who are not able to legally consent to sexual activity.

Question 16

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

Accepted Answer

The crime of sodomy requires an act of deviate sexual intercourse, which is defined as any sexual act involving the genitals of one person and the mouth or anus of another. Consent and penetration are not relevant issues in determining whether sodomy has occurred. Rape shield laws may still apply in cases of sodomy, as they apply to any sexual assault case.

Question 17

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

Accepted Answer

Deviate sexual intercourse refers to any sexual act that involves the penetration of the anus or mouth by a sexual organ or object. This act is considered criminal if it is done without the consent of the victim. Therefore, answer B is the best choice as it explicitly mentions anal and/or oral without consent, which is an example of deviate sexual intercourse. The other choices do not accurately represent this definition.

Question 18

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

Accepted Answer

Laws involving the use of an inanimate object for sexual penetration can indeed be found in specific state legislations, often rooted in broader societal and religious norms, and are typically categorized under statutes prohibiting deviate sexual intercourse or similar offenses, which aim to protect individuals from non-consensual acts.

Question 19

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

Accepted Answer

The answer of Which of the following is true about...

Question 20

Necrophilia is defined as

Accepted Answer

Necrophilia is specifically defined as the sexual attraction to or sexual contact with corpses.

Quiz 6: Sexual Offenses Against the Person