1. Chapter 9: Assault & Battery/Rape

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

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

4. Stalking
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 always

5. RAPE Traditionally, the law has recognized 2 Types of Rape:
1. Forcible 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 consent

6. 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:
woman submits to sex due to threats of bodily harm or use of physical force
woman is unconscious or mentally incompetent
woman is impaired by drugs or alcohol

7. Proving That Rape Occurred
Traditional burden of evidence for forcible rape =
Evidence that victim resisted
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?

8. Proving Rape Occurred Cont…
Statutory Rape =
Consent is not the issue!
Intercourse 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.)
Age of consent varies by state
Ranges from 11-18
Most states place age of consent at 16
An underage male can be prosecuted for having sex with an underage female (incapable of consent under most laws)

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

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