Chapter 9: Assault & Battery/Rape

Assault and Battery Assault = Assault = Any attempt or threat to carry out a physical attack upon another personAny attempt or threat to carry out a physical attack upon another person Battery = Battery = Any unlawful physical contact inflicted by one person upon another without consent Actual injury is not necessary Person must intend to do bodily harm

Classifications for Assault and Battery Assault with intent to Rob Assault with intent to Rob Assault with intent to Murder Assault with intent to Murder Aggravated Battery = usually an unarmed assault (unlike above) Aggravated Battery = usually an unarmed assault (unlike above) Assault and Battery is often related to harassment, growing problem in many states Assault and Battery is often related to harassment, growing problem in many states

Stalking Stalking = occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury. Stalking = occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury. Women are usually the targets of stalkers…but not alwaysWomen are usually the targets of stalkers…but not always Cyberstalking Cyberstalking

Bullying When peers or acquaintances intimidate, or put others in fear. When peers or acquaintances intimidate, or put others in fear. statistics for 2010 revealed about one in seven students in grades kindergarten through 12th grade is either a bully or has been a victim of bullying.statistics for 2010 revealed about one in seven students in grades kindergarten through 12th grade is either a bully or has been a victim of bullying. “Gateway” behavior “Gateway” behavior When bullying is tolerated, it may teach the perpetrator that threats and aggression are acceptable.When bullying is tolerated, it may teach the perpetrator that threats and aggression are acceptable. 60% of boys that were identified as bullies in grades 6-9 had been convicted of at least one crime by the age of 24.60% of boys that were identified as bullies in grades 6-9 had been convicted of at least one crime by the age of 24.

Sexual Assault Can include rape or attempted rape. Can include rape or attempted rape. Verbal threats,Verbal threats, Unwanted sexual contactUnwanted sexual contact Can be an attack that is completed or attempted. Can be an attack that is completed or attempted. Contact without Consent Contact without Consent grabbing/fondling (doesn’t have to involve force) Both men and women are capable of committing sexual assault. Both men and women are capable of committing sexual assault.

RAPE Traditionally, the law has recognized 2 Types of Rape: Traditionally, the law has recognized 2 Types of Rape: Forcible Rape = act of unlawful sexual intercourse with a woman committed by a man without her consentForcible Rape = act of unlawful sexual intercourse with a woman committed by a man without her consent Statutory Rape = sexual intercourse by a male with a female who has not yet reached the legal age of consentStatutory Rape = sexual intercourse by a male with a female who has not yet reached the legal age of consent

The Elements of Rape Rape = only occurred when their was sexual penetration of the female by the male Forcible = only occurred if woman did not give her consent No Consent if: victim submits to sex due to threats of bodily harm or use of physical force victim is unconscious or mentally incompetent victim is impaired by drugs or alcohol

Proving That Rape Occurred Traditional burden of evidence for forcible rape = Traditional burden of evidence for forcible rape = Evidence that victim resistedEvidence that victim resisted Very Controversial = Movement has been to focus on actions of the rapist not the response of the victim in court… Very Controversial = Movement has been to focus on actions of the rapist not the response of the victim in court… Is there a problem with this kind of approach? Is there a problem with this kind of approach?

Proving Rape Occurred Cont… Statutory Rape = Statutory Rape = Consent is not the issue!Consent is not the issue! Intercourse with an underage female is rape whether she consents or notIntercourse with an underage female is rape whether she consents or not Mistake by a male as to the female’s age is not a defense (i.e. use of a fake i.d.)Mistake by a male as to the female’s age is not a defense (i.e. use of a fake i.d.) Age of consent varies by stateAge of consent varies by state Ranges from 11 to 18 Ranges from 11 to 18 Most states place age of consent at 16 Most states place age of consent at 16 An underage male/female can be prosecuted for having sex with an underage male/female. (incapable of consent under most laws)An underage male/female can be prosecuted for having sex with an underage male/female. (incapable of consent under most laws)

Proving Rape Occurred Cont… Woman’s lack of chastity: not a defense to rape Woman’s lack of chastity: not a defense to rape prostitute can be raped.prostitute can be raped. Cannot establish a pattern of behavior based on victims sexual history.Cannot establish a pattern of behavior based on victims sexual history. “Rape Shield Laws” prohibit the introduction of such evidence in court “Rape Shield Laws” prohibit the introduction of such evidence in court To convict a person of rape, states require various independent types of proof: To convict a person of rape, states require various independent types of proof: Doctor’s reportDoctor’s report Police reportPolice report WitnessesWitnesses Story of the victimStory of the victim

Acquaintance Rape Also known as “date rape” Also known as “date rape” Introduced in recent years Introduced in recent years Sexual assault committed by someone the victim knows: date, steady boyfriend, neighbor, friend, etc… Sexual assault committed by someone the victim knows: date, steady boyfriend, neighbor, friend, etc… Many do not report assault in these cases Many do not report assault in these cases Many don’t know what defines rape… Many don’t know what defines rape…