1.  Assault =  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

2.  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  What is harassment?

3.  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

4.  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

5.  Rape = only occurred when their was sexual penetration of the female by the male  Forcible = only occurred if woman did not give her consent  There is no consent if woman submits to sex due to threats of bodily harm or use of physical force  There is no consent if woman is unconscious or mentally incompetent  There is no consent if woman is impaired by drugs or alcohol

6.  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?  Compare to Robbery and Assault = Do victims need to prove that they did not give consent to be robbed or assaulted?

7.  Statutory Rape =  Consent is not the issue!  Sexual 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  Age of consent varies by state  Ranges from 11-18  Most states place age of consent at 16  What do you think?  An underage male can be prosecuted for having sex with an underage female

8.  A woman’s lack of chastity is not a defense to rape  A 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, many states require various independent types of proof:  Doctor’s report  Police report  Witnesses  Story of the victim

9.  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…