1. 1 SEX CRIMES Learning Domain Review 79% Version 4

2. 2 SEX CRIMES Introduction CONSENT In determining whether or not a sex crime has been committed, it must be determined whether the victim could CONSENT under the law and if so, whether the victim, in fact, consented. THE LACK OF CONSENT DEFINES THE ACTION AS A CRIME “A person cannot consent to an act when that person does not understand what the act is.”

3. 3 SEX CRIMES Introduction CONSENT Consent means positive cooperation in act or attitude pursuant to an exercise of free will. Consent means agreeing to an action freely and voluntarily and with knowledge of the nature of the act or transaction involved. (P.C. 261.6)

4. 4 SEX CRIMES CONSENT A victim’s compliance with a sexual act does not mean consent. A victim, who in no way consents, may comply with an attacker to avoid further injury or perceived harm to self or others. A victim’s request that a suspect use a condom or other birth control device does not constitute consent.

5. 5 SEX CRIMES LACK OF CONSENT A sexual act committed under any of the following circumstances is considered NONCONSENSUAL… Against a person’s will Against a person’s will Threatening to retaliate Threatening to retaliate Menace Menace Duress (force or fear) Duress (force or fear)

6. 6 SEX CRIMES WITHDRAW OF CONSENT If a victim freely consents to a sex act and then withdraws consent during the act, the defendant will not be considered guilty of a crime. In the case of rape, oral copulation, penetration with a foreign object, spousal rape, and sodomy, the presence or absence of consent at the… MOMENT OF PENETRATION …determines whether there is a crime.

7. 7 SEX CRIMES CONSENT - MUST BE LEGALLY ABLE TO GIVE Could the victim consent under the law, and if so, did the victim consent?

8. 8 SEX CRIMES CONSENT - MUST BE LEGALLY ABLE TO GIVE Current or previous marital or dating relationship between the victim and the perpetrator IS NOT SUFFICIENT to constitute CONSENT

9. 9 SEX CRIMES CONSENT - MUST BE LEGALLY ABLE TO GIVE Under any of the following conditions, the person is unable to give legal consent (NONCONSENSUAL): Where the victim is UNDER 18 YEARS of age (P.C. 261.5) Where the victim is UNDER 18 YEARS of age (P.C. 261.5) The VICTIM IS UNCONSCIOUS OF THE NATURE OF THE ACT, which is known or reasonably should be known by the perpetrator or by fraud (sleeping, comatose, fraud) (P.C. 261(a)(4)... The VICTIM IS UNCONSCIOUS OF THE NATURE OF THE ACT, which is known or reasonably should be known by the perpetrator or by fraud (sleeping, comatose, fraud) (P.C. 261(a)(4)...

10. 10 SEX CRIMES CONSENT - MUST BE LEGALLY ABLE TO GIVE Where the victim is incapable, because of MENTAL DISORDER, DEVELOPMENTAL OR PHYSICAL DISABILITY of giving legal consent and this is known or reasonably should be known by the person committing the act (P.C. 261(a)(1)) Where the victim is incapable, because of MENTAL DISORDER, DEVELOPMENTAL OR PHYSICAL DISABILITY of giving legal consent and this is known or reasonably should be known by the person committing the act (P.C. 261(a)(1)) The VICTIM IS PREVENTED FROM RESISTING BY ANY INTOXICATING SUBSTANCE (drunk or drugged) and this condition was known, or reasonably should have been known by the accused (P.C. 261(a)(3)) The VICTIM IS PREVENTED FROM RESISTING BY ANY INTOXICATING SUBSTANCE (drunk or drugged) and this condition was known, or reasonably should have been known by the accused (P.C. 261(a)(3))

11. 11 SEX CRIMES CONSENT - MUST BE LEGALLY ABLE TO GIVE When the act is accomplished against the victim's will by THREATENING TO RETALIATE (KIDNAP/FALSE IMPRISONMENT OR TO INFLICT EXTREME PAIN, SERIOUS BODILY INJURY, OR DEATH). When the act is accomplished against the victim's will by THREATENING TO RETALIATE (KIDNAP/FALSE IMPRISONMENT OR TO INFLICT EXTREME PAIN, SERIOUS BODILY INJURY, OR DEATH). When the act is ACCOMPLISHED AGAINST THE VICTIM'S WILL by means of FORCE OR FEAR… When the act is ACCOMPLISHED AGAINST THE VICTIM'S WILL by means of FORCE OR FEAR…

12. 12 SEX CRIMES RAPE (PC 261) - CONSENT - FELONY RAPE is the act of sexual (Penile/Vaginal) intercourse (penetration, however slight) which is accomplished with a person not the spouse of the perpetrator, without consent of the victim… …under any of the following circumstances: (P.C. 261.5): Minor below the age of 18. (P.C. 261.5): Minor below the age of 18.

13. 13 SEX CRIMES RAPE P.C. 261(a)(1): where a person is incapable, because of a mental disorder or developmental or physical disability of giving legal consent, and this is known or reasonably should be known to the person committing the act. P.C. 261(a)(2): where it is accomplished against a person's will by means of force or fear or of immediate and unlawful bodily injury on the person or any other person.

14. 14 SEX CRIMES RAPE P.C. 261(a)(3): where a person is prevented from resisting by any intoxicating or anesthetic substance or any controlled substance and this condition was known, or reasonably should have been known, by the accused. P.C. 261(a)(4): where a person is at the time unconscious of the nature of the act and this is known to the accused.

15. 15 SEX CRIMES ASSAULT/INTENT TO COMMIT RAPE AND OTHER RELATED CRIMES (P.C.220) -FELONY SEX CRIMES ASSAULT/INTENT TO COMMIT RAPE AND OTHER RELATED CRIMES (P.C. 220) - FELONY Assault: An unlawful attempt An unlawful attempt Coupled with a present ability Coupled with a present ability To commit a violent injury on another person To commit a violent injury on another person Statute of limitation is 3 years…

16. 16 SEX CRIMES ASSAULT/INTENT TO COMMIT RAPE AND OTHER RELATED CRIMES (P.C.220) -FELONY SEX CRIMES ASSAULT/INTENT TO COMMIT RAPE AND OTHER RELATED CRIMES (P.C. 220) - FELONY Every person who assaults another with the intent to commit: Mayhem, Mayhem, Rape, Rape, Sodomy, Sodomy, Oral copulation, or... Oral copulation, or... …Any violation of Penal Code Sections: 264.1 (rape in concert), 264.1 (rape in concert), 288(a) (lewd acts with a child / child molest), 288(a) (lewd acts with a child / child molest), 289 (penetration with a foreign object) 289 (penetration with a foreign object)

17. 17 SEX CRIMES INDECENT EXPOSURE (P.C. 314) - MISDEMEANOR OR FELONY Every person who Every person who WILLFULLY AND LEWDLY WILLFULLY AND LEWDLY expose their private parts, expose their private parts, where there are present other persons to be OFFENDED OR ANNOYED where there are present other persons to be OFFENDED OR ANNOYED

18. 18 SEX CRIMES INDECENT EXPOSURE Indecent exposure is a MISDEMEANOR … except under the following conditions where it becomes a FELONY : FELONY… Prior conviction of … P.C. 288(a), Lewd Acts with a Child, or P.C. 288(a), Lewd Acts with a Child, or P.C. 314, Indecent Exposure P.C. 314, Indecent Exposure When indecent exposure occurs in an inhabited dwelling house, trailer coach, or inhabited portion of ANY BUILDING WHEN ENTRY WAS MADE WITHOUT CONSENT When indecent exposure occurs in an inhabited dwelling house, trailer coach, or inhabited portion of ANY BUILDING WHEN ENTRY WAS MADE WITHOUT CONSENT

19. 19 SEX CRIMES ORAL COPULATION - CONSENT (P.C. 288a(b)(1), 288a(c), 288a(d), 288a(f), 288a(g), and 288a(i)) - FELONY ORAL COPULATION is the act of copulating (touching) the MOUTH OF ONE PERSON WITH THE SEXUAL ORGAN OR ANUS of another person under the following circumstances: Sex Organ or Anus

20. 20 SEX CRIMES ORAL COPULATION 288a(b)(1): Any person who participates in an act of oral copulation with another person who is under 18 years of age 288a(c)(1): Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she, or (DUH - under 18 years of age)

21. 21 SEX CRIMES ORAL COPULATION 288a(c)(2): When the act is accomplished against the victim's will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury of the victim or another person or 288a(c)(3): The act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person

22. 22 SEX CRIMES ORAL COPULATION 288a(d): Oral copulation in concert 288a(f): Victim is as the time unconscious of the nature of the act and this is known or reasonably should be known to the person committing the act 288a(g): The victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act

23. 23 SEX CRIMES ORAL COPULATION 288a(i): The victim is prevented from resisting by any intoxicating substance and this condition was known, or reasonably should have been known by the accused 288a(b)(2): oral copulation where the victim is under 16 years and the suspect is over 21 years of age (DUH - under 18 years of age) 288a(e): oral copulation where the victim is confined in state prison or local facility 288a(h): oral copulation where both the victim and perpetrator are confined in a mental hospital

24. 24 SEX CRIMES ORAL COPULATION 288a(j): where the victim submits under the belief that the person committing the act is their spouse 288a(k): act is committed by public official under threat of incarceration, arrest or deportation of victim or another person P.C. 293 states: The officer must inform the victim of their right to have their name withheld, and document the admonishment in the police report.

25. 25 SEX CRIMES PENETRATION BY A FOREIGN OBJECT (P.C. 289(a-j) - FELONY Penetration of GENITAL OR ANAL OPENINGS Use of a FOREIGN OR UNKNOWN OBJECT for the purposes of sexual arousal, gratification or abuse Use of a FOREIGN OR UNKNOWN OBJECT for the purposes of sexual arousal, gratification or abuse to penetrate, however slight, to penetrate, however slight, the genital or anal openings the genital or anal openings against the person’s will or causes another person to penetrate… against the person’s will or causes another person to penetrate…

26. 26 SEX CRIMES PENETRATION BY A FOREIGN OBJECT P.C. 289(a): against victim's will by force, fear or retaliation P.C. 289(a): against victim's will by force, fear or retaliation P.C. 289(b): victim incapable of consent due to mental/physical development P.C. 289(b): victim incapable of consent due to mental/physical development P.C. 289(c): victim confined in state hospital P.C. 289(c): victim confined in state hospital P.C. 289(d): victim unconscious of act P.C. 289(d): victim unconscious of act P.C. 289(e): victim is prevented from resisting by any intoxicating or anesthetic substance or any controlled substance, and this condition was known, or reasonably should have been known by the accused P.C. 289(e): victim is prevented from resisting by any intoxicating or anesthetic substance or any controlled substance, and this condition was known, or reasonably should have been known by the accused

27. 27 SEX CRIMES PENETRATION BY A FOREIGN OBJECT P.C. 289(f): victim believes he/she is the victim’s spouse P.C. 289(f): victim believes he/she is the victim’s spouse P.C. 289(g): under color of authority P.C. 289(g): under color of authority P.C. 289(h): victim under 18 years old P.C. 289(h): victim under 18 years old P.C. 289(i): victim under 16 years old P.C. 289(i): victim under 16 years old P.C. 289(j): victim under 14 years and perpetrator 10 or more years older P.C. 289(j): victim under 14 years and perpetrator 10 or more years older

28. 28 SEX CRIMES PENETRATION BY A FOREIGN OBJECT FOREIGN OBJECT: any instrument, substance, device, or part of the body, except a penis. UNKNOWN OBJECT: any foreign object, substance, instrument, device, or any part of the body, including a penis.

29. 29 SEX CRIMES SODOMY - CONSENT (P.C. 286(b)(1), 286(c), 286(d), 286(f), 286(g), and 286(i)) - FELONY Penetration, however slight, of the penis of one person (contact) into the anus of another person against the person’s will.

30. 30 SEX CRIMES SEXUAL BATTERY - (P.C. 243.4(a) and 243.4(d)) MISDEMEANOR or FELONY FELONY Any person who touches (physical contact with the bare skin of the victim) an intimate part (the sexual organ, anus, groin, or buttocks of any person, and the breast of a female) of another person while that person is… UNLAWFULLY RESTRAINED …by the accused or an accomplice, and if the touching is against the will of the person touched and is for the specific intent (purpose) of sexual arousal, sexual gratification, or sexual abuse. …by the accused or an accomplice, and if the touching is against the will of the person touched and is for the specific intent (purpose) of sexual arousal, sexual gratification, or sexual abuse.

31. 31 SEX CRIMES SEXUAL BATTERY MISDEMEANOR The victim’s or person’s intimate part is touched (bare skin or through clothing) The victim’s or person’s intimate part is touched (bare skin or through clothing) Without the consent of the victim, and Without the consent of the victim, and With specific intent to achieve sexual arousal, sexual gratification, or sexual abuse With specific intent to achieve sexual arousal, sexual gratification, or sexual abuse

32. 32 SEX CRIMES SEXUAL BATTERY The distinction between felony and misdemeanor sexual battery is that in a felony there must be both UNLAWFULLY RESTRAINED AND CONTACT WITH THE VICTIM'S BARE SKIN OR AN INTIMATE PART. If either of these elements is not present, it is a misdemeanor.

33. 33 SEX CRIMES PHYSICAL STATE OF THE VICTIM Once the peace officers’ and victims’ safety have been assured, the first peace officer on the scene must immediately assess the medical needs of the victims.

34. 34 SEX CRIMES PHYSICAL STATE OF THE VICTIM #1 - If the victim is unconscious or injured - Secure transportation to an acute care facility, and Perform first aid required to stabilize them until emergency personnel arrive. Ask, “Are you hurt?” or “Do you need medical attention?”

35. 35 SEX CRIMES PHYSICAL STATE OF THE VICTIM #2 - If the victim state they are in no pain and have no injuries requiring immediate attention, and the crime has occurred within 72 hours - Make victims as comfortable as possible, Get preliminary statement, and Make sure victims are transported to a medical facility

36. 36 SEX CRIMES PHYSICAL STATE OF THE VICTIM #3 - If the victim have special needs related to age or physical or developmental condition - Access specific needs and tend to these before taking a statement

37. 37 SEX CRIMES VICTIM REACTIONS AND PRESSURES SENSITIVITY AND TACT ARE ESSENTIAL Possible reactions: fear, shame, embarrassment, guilt, depression, shock, anger, betrayal, feeling of being dirty and self blame… Possible manifestations of emotional reactions: delayed reporting, lack of apparent response, denial that the crime overall, or some act(s) occurred, loss of control or ability to make decisions, acting protectively toward suspect, acting out and intentionally adding or leaving out key information.

38. 38 SEX CRIMES PEACE OFFICER ATTITUDES Peace officers should try to… Be aware of how their own preconceptions and experiences can give them biased views. Consider the crime as a violent or aggressive act, rather than a sexual one. They should try to avoid… ANGER ANGER OVERREACTION OVERREACTION OVERZEALOUSNESS OVERZEALOUSNESS APATHY APATHY EXCESSIVE SYMPATHY EXCESSIVE SYMPATHY

39. 39 SEX CRIMES SETTING THE TONE Peace officers need to be aware of… Their everyday terminology Their everyday terminology Their body language Their body language The words they use The words they use Their demeanor Their demeanor The language they use The language they use

40. 40 SEX CRIMES SETTING THE TONE Sexual assault can be traumatic and generate severe emotional stress. When beginning the interview the peace officer should: Establish rapport and explain the investigative process and the need for asking the victim questions Establish rapport and explain the investigative process and the need for asking the victim questions Reassure the victim that it is understood that this is a difficult situation and that the officer conducting the interview is there to help, Reassure the victim that it is understood that this is a difficult situation and that the officer conducting the interview is there to help,

41. 41 SEX CRIMES SETTING THE TONE Make the victim as physically comfortable as possible, Make the victim as physically comfortable as possible, Ask if the victim wants the officer to contact a support person to be present during the interview, Ask if the victim wants the officer to contact a support person to be present during the interview, Let the victim know that everything possible will be done to help Let the victim know that everything possible will be done to help

42. 42 SEX CRIMES INTERVIEWING THE VICTIM Requests for information include asking: Can the victim identify the person? Can the victim identify the person? What is the past relationship with the person? What is the past relationship with the person? To whom did the victim first tell about the assault? To whom did the victim first tell about the assault? Is the victim sexually active? Is the victim sexually active? When and with whom did the victim last engage in sexual activity prior to the assault? When and with whom did the victim last engage in sexual activity prior to the assault? Did the suspect take anything belonging to the victim (or is anything missing)? Did the suspect take anything belonging to the victim (or is anything missing)? Will the victim provide fingerprints? (explain why) Will the victim provide fingerprints? (explain why)

43. 43 SEX CRIMES MEDICAL/LEGAL EXAMINATION The purpose of a medical/legal examination is to collect, preserve, and document evidence. The forensic examination may also help: Determine if there are physical signs of injuries, Determine if there are physical signs of injuries, Document the type and location in injuries, Document the type and location in injuries, Determine if there is evidence of recent sexual activity, Determine if there is evidence of recent sexual activity, Determine if the physical findings are consistent with the time frame and victim’s history. Determine if the physical findings are consistent with the time frame and victim’s history.

44. 44 SEX CRIMES MEDICAL/LEGAL EXAMINATION If the assault occurred within the preceding 72 hours, the victim should be taken for a medical/legal examination. If the assault occurred more than 72 hours, and the victim experiences bleeding, or lingering pain and discomfort, the victim should be taken for a medical/legal examination.

45. 45 SEX CRIMES VICTIM’S RIGHTS Per P.C. 293(a), the officer is responsible for informing the victim that the victim’s name will become a matter of public record unless the victim requests confidentially. P.C. 637.4(a) prohibits the officer from requesting that the victim undergo a polygraph examination.

46. 46 SEX CRIMES CRIME SCENE EVIDENCE For evidence… from the scene The officer will need to collect… Discarded items or articles, Discarded items or articles, Condoms or condom packaging, Condoms or condom packaging, Binding or other restraint materials (do NOT untie or cut knots, Binding or other restraint materials (do NOT untie or cut knots, Fingerprints, Fingerprints, Hair and debris, Hair and debris, Footprints, Footprints, Tool marks, and Tool marks, and Tire tracks. Tire tracks.

47. 47 SEX CRIMES CRIME SCENE EVIDENCE For evidence… that is biological The officer will need to collect… Materials such as bedding, clothing, and towels, Materials such as bedding, clothing, and towels, Blood samples for typing, and Blood samples for typing, and Blooding samples for alcohol testing and drug screening. Blooding samples for alcohol testing and drug screening.

48. 48 SEX CRIMES CRIME SCENE EVIDENCE For evidence… from the suspect The officer will need to collect… Blood samples, Blood samples, Fingernail scrapings, Fingernail scrapings, Fingerprints, Fingerprints, Scalp hair and public hair standard sample, and Scalp hair and public hair standard sample, and Saliva sample. Saliva sample.

49. 49 SEX CRIMES CRIME SCENE EVIDENCE For evidence… not at the scene The officer will need to collect… Items known to have been taken by the suspect. Items known to have been taken by the suspect.

50. 50 SEX CRIMES AVAILABLE SERVICES FOR THE VICTIM P.C. 264.2 states a peace officer is required to provide the victim with a “Victims of Domestic Violence” brochure. Contains: Rape Crisis Centers Rape Crisis Centers State Victim / Witness Services State Victim / Witness Services

51. 51 SEX CRIMES SEX OFFENDER’S REGISTRATION STATUS - P.C. 290 P.C. 290 states: Every person (convicted sex offender) Every person (convicted sex offender) For the rest of their life while residing in California For the rest of their life while residing in California …or while attending school or working …or while attending school or working Shall be required to register with the chief of police or sheriff or the city or county in which they are living… Shall be required to register with the chief of police or sheriff or the city or county in which they are living…

52. 52 SEX CRIMES SEX OFFENDER’S REGISTRATION STATUS - P.C. 290 …rape, rape in concert, oral copulation, penetration with a foreign object, lewd acts upon a child, spousal rape, sodomy, or assault with attempt to commit any of the above…or indecent exposure, incest, sexual batter, or kidnapping with intent to commit sexual assault, child pornography, misdemeanor child molestation or aggravated assault of a child

53. 53 SEX CRIMES SEX OFFENDER’S REGISTRATION STATUS - P.C. 290 Misdemeanor or Felony The registration requirements are: Registration with chief of police or sheriff within 5 days of moving to a new jurisdiction Registration with the chief of police or sheriff within 5 days of changing addresses (even temporary) within the same jurisdiction - same county Registration is required annually within 5 days of the person's birthday for the rest of their life...

54. 54 SEX CRIMES SEX OFFENDER’S REGISTRATION STATUS - P.C. 290 Also for a temporary address, if more than 5 working days… Sexually Violent Predator to verify their address, place of employment, and name of employer every 60 days with DOJ…failure to comply is a Felony. People who have no address must also update their registration every 60 days.

55. 55 SEX CRIMES SEX OFFENDER’S REGISTRATION STATUS Requirements of Registration Registrants must: Sign a notice of registration requirement issued by the Department of Justice, Sign a notice of registration requirement issued by the Department of Justice, Be fingerprinted, Be fingerprinted, Be photographed, Be photographed, List the license place numbers of any vehicles they own or that is registered in their names, List the license place numbers of any vehicles they own or that is registered in their names, Give the name and address of employer, or the school they are attending, Give the name and address of employer, or the school they are attending, Give address to place of employment, if different than employer address Give address to place of employment, if different than employer address

56. 56 SEX CRIMES SEX OFFENDER’S REGISTRATION STATUS Any person who is required to register under this section based on prior misdemeanor conviction who willfully violates this section is guilty of a MISDEMEANOR. Any person who is required to register under this section based on prior felony conviction who willfully violates this section is guilty of a FELONY. Any person who has a prior conviction for failing to register under this section and who again willfully commits this offense is guilty of a FELONY.

57. 57 SEX CRIMES SAMPLE QUESTIONS

58. 58 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS In a public park a man wrestled a woman down to the ground, pulled her into the bushes, and removed his pants. As the man started to pull off her clothes, a passerby scared the man away. Was the crime of assault with intent to commit rape complete? Yes or No? Yes or No? Yes - Felony

59. 59 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS While at a nudist resort, a nude male adult guest watched children playing volleyball without covering himself. Did the man commit the crime of indecent exposure? Yes or No? Yes or No? No

60. 60 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Angry that he was fired, Sam broke into his former boss’ house. When he entered the bedroom and saw a woman asleep, he jumped on top of her and entered his penis slightly into her vagina. He stopped before he could ejaculate and left the house. Was the crime of penetration with a foreign object complete? Yes or No? Yes or No? No - This was Rape / Felony

61. 61 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A woman was sunbathing by the pool in a public park when Preece leaned over the woman and held a knife to her throat. He caressed the woman’s knee. Did Preece commit the crime of sexual battery? Yes or No? Yes or No? No

62. 62 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Oral copulation and sodomy, when committed by consenting adults in privacy, are… FeloniesMisdemeanorsInfractions No crimes

63. 63 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A person over the age of 21 who participates in an act of oral copulation with another person who is under 16-years of age is guilty of: A misdemeanor A felony An infraction No offense A felony – victim under 18 (DUH)

64. 64 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Penetration between the penis of one and the anus of another, however slight, is sufficient, when one of them is not a consenting adult, or the act is not in private, to the complete the offense of: Sodomy Oral copulation IncestRape Sodomy - Felony

65. 65 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS If an intruder has sexual intercourse with a victim while impersonating his or her spouse, it is a form of: SodomyRapeIncestEmbezzlement Rape - Felony

66. 66 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Any sexual penetration, however slight, is sufficient to complete the offense of Rape Penetration of genitals or anus with foreign object Both a and b Neither a nor b Both a and b – both Felonies

67. 67 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Ed and Sam had been drinking all day at Sam’s house. When Sam requested to have sex with his wife, she refused. Sam threatened to beat her up with a baseball bat if she didn’t have sex with him. Ed got a baseball bat for Sam. Sam’s wife, fearing for her safety, reluctantly submitted to her husband’s command. Ed sat down on a chair and watched the two have sexual intercourse. Did Ed and Sam commit the crime of sexual assault in concert? Yes or No? Yes or No? Yes - Felony

68. 68 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A man convicted of a misdemeanor sex offense failed to register with a local law enforcement agency within five working days of his birthday. Did the man commit a crime of not registering? Yes or No? Yes or No? Yes - Misdemeanor

69. 69 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Upset because his wife had left him for another man, Andy waited in his car outside his estranged wife’s house. When Andy saw his wife enter her house with her boyfriend, he approached him and told the boyfriend to leave. Andy grabbed his wife and threatened to rape her. She screamed and he left. Did Andy commit the crime of spousal rape? Yes or No? Yes or No? No – No penetration

70. 70 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A man who has sexual intercourse with his wife after she has passed out from drinking too much could be arrested for what crime? Rape Rape Spousal rape Spousal rape No sex crime could be charged No sex crime could be charged Felony sexual battery Felony sexual battery Spousal Rape - Felony

71. 71 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A 17-year old female allowed her 19-year old boyfriend to insert his penis into her anus. The boyfriend held her down and as he was about to insert his penis, her mother interrupted him. What crime did the boyfriend commit? Rape Rape Sodomy Sodomy Assault with intent to commit rape Assault with intent to commit rape Assault with intent to commit sodomy Assault with intent to commit sodomy Assault with intent to commit sodomy - Felony

72. 72 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A man walked up to a woman, grabbed her by the arm and threw her to the ground. He told her he wanted to have sexual intercourse with her. The woman was able to get away from the man. What crime did the man commit? Rape Rape Indecent exposure Indecent exposure Assault with intent to commit rape Assault with intent to commit rape Sexual battery Sexual battery Assault with intent to commit rape - Felony

73. 73 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS An 18-year old female was a caretaker of a 30- year old male with a mental capacity of a 10-year old. He had sexual intercourse with the female. What crime did the female commit? Rape Rape No crime No crime Assault with intent to commit rape Assault with intent to commit rape Sexual battery Sexual battery Rape - Felony

74. 74 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Sexual battery is the act of touching the private part of another person for the purpose of sexual arousal, gratification, or abuse without the consent of the victim. True or False? True or False? True

75. 75 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A business executive hired an 18-year old man to handle a clerk task. When the clerk entered her private office, she stripped him and orally copulated the clerk without his consent. Did the female commit the crime of oral copulation? Yes or No? Yes or No? Yes - Felony

76. 76 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Howell wanted to have sexual intercourse with his girlfriend, but she refused. He called Bill, his friend and asked for sleeping pills, without giving any reason. Howell gave her the sleeping pills and she fell unconscious. He then had sexual intercourse with her. Did Bill commit the crime of sexual assault in concert? Yes or No? Yes or No? No

77. 77 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Martin was stopped by an officer for running a red light in the City of Eureka. Records showed Martin was a registered sex offender in San Diego. Martin just moved to Eureka before being stopped by the officer. Did Martin commit the crime of failing to register as a sex offender in Eureka? Yes or No? Yes or No? No

78. 78 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS While walking by a female coworker, Terry put his hand up her skirt, touching her bare buttocks. What crime did Terry commit? Felony or Misdemeanor? Felony or Misdemeanor? Misdemeanor - Sexual battery

79. 79 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS While inside his house, a naked man stood in front of his large window. When 3 girls walked by, he pounded on the glass to get their attention. They looked at the naked man and quickly walked away. Was the crime of indecent exposure complete? Yes or No? Yes or No? Yes - Misdemeanor

80. 80 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS As a woman walked to her parked car, a man walked up to her and told her he intended to rape her. She ignored the man and drove away after she got into her car. The man committed... No crime No crime Felony Felony Misdemeanor Misdemeanor No crime – no assault

81. 81 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A man knew a woman was high on drugs and was unable to give consent. The man had intercourse with her. Was the crime of rape complete? Yes or No? Yes or No? Yes – unable to give consent - Felony

82. 82 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A woman was having consensual intercourse with a man, but she had a change of heart and revoked consent after his initial penetration but he kept going after being asked to stop. Was the crime of rape complete? Yes or No? Yes or No? Yes – he did not stop when asked - Felony

83. 83 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A woman snuck into a house, took off her top and exposed her big breasts to the occupants. What crime was committed? Sexual battery Sexual battery Indecent exposure Indecent exposure 5150 WIC 5150 WIC No crime No crime Indecent exposure – Felony (entering a home…)

84. 84 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Officers detained Tony for buying alcohol for kids. A record check revealed Tony was registered as a sex offender in Sacramento and had a prior conviction for failing to register. Tony had moved to Cerritos two weeks before being contacted by the officers. By failing to register in Cerritos, did Tony commit... No crime No crime Felony Felony Misdemeanor Misdemeanor Felony

85. 85 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS An adult male at a party at a friend’s house, walked into a bedroom and saw an adult female who appeared intoxicated on the bed. The female had been drinking and smoking cocaine all day. He was about to place his mouth on the female’s vagina when a guest walked in and interrupted him. Was the crime of oral copulation complete? Yes or No? Yes or No? No - no touching

86. 86 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS An adult stepmother had consensual intercourse with her adult stepson. What crime did the stepmother commit? Incest Incest Sexual battery Sexual battery Indecent exposure Indecent exposure No crime No crime No crime

87. 87 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS An adult male was in the same room with his female cousin. The male pulled her pants down and inserted his finger into her vagina. What crime, if any, did the man commit? Incest Penetration with a foreign object Assault with intent to commit rape Assault with intent to commit sodomy Penetration with a foreign object - Felony

88. 88 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS While attending a party, an adult female became extremely intoxicated. Upon seeing the female stagger and use the wall for support, he carried her to the bedroom and had sexual intercourse with her. Because she was intoxicated, she was not able to offer resistance. What crime, if any, did the man commit? Rape Sexual assault in concert Assault with intent to commit rape No crime Rape - Felony

89. 89 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Upon hearing a noise late at night, a woman awoke and saw a man standing over her. The man forced his penis into the woman’s mouth while holding a knife against her throat. What is the most serious crime, if any, did the man commit? Rape Rape Incest Incest Oral Copulation Oral Copulation Indecent Exposure Indecent Exposure Oral copulation - Felony

90. 90 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A man, while sitting in a drive through lane at a fast food restaurant grabbed a female employee’s breasts on the outside of her uniform shirt when she handed him his food. The man made lewd remarks to the employee about her breasts. Was the crime of sexual battery complete? Yes or No? Yes or No? Yes - Misdemeanor

91. 91 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS To arrest a person or persons for the crime of sexual assault with the intent to cause mayhem, rape, sodomy, rape in concert, or penetration with a foreign object, only the assault must have been committed. Yes or No? Yes or No? Yes - Felony

92. 92 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS In the privacy of her home, a 20-year old woman had anal sex with a willing 15-year old male. What crime, if any, did the female commit? Sodomy Sodomy Rape Rape Assault with intent to commit rape Assault with intent to commit rape No crime No crime Unlawful sex with a minor Unlawful sex with a minor Sodomy - Felony

93. 93 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A man called at 3 young girls as they walked past his car. When they looked in his car, he displayed his genitals. The man has been previously convicted of lewd acts with a child. The man has committed? The man has committed? No Crime No Crime Felony Felony Misdemeanor Misdemeanor Felony - prior conviction

94. 94 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A 20-year old male told a 21-year old female that he was going to have sex with her whether she liked it or not. The man reached out to embrace the female, but before he could touch her, she turned and walked away. What crime, if any, did the male commit? No Crime No Crime Rape Rape Sexual battery Sexual battery No crime

95. 95 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Three male college students live together in a dorm. One evening after Preece stepped out from the shower, the other 2 males pushed him out into the hallway and closed the door as a joke. Several residences saw Preece naked (YUCK), standing in the hall. Did Preece commit the crime of indecent exposure? Yes or No? Yes or No? No

96. 96 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS An adult female reached for an item on the top shelf in a grocery store. An adult male came up behind her and placed his hands on the outside of her blouse, cupping her breasts. The male squeezed the female’s breast and remarked on her breast size as he walked away. What crime, if any, did the male commit? Sexual battery Sexual battery Indecent exposure Indecent exposure Assault with intent to commit rape Assault with intent to commit rape No crime No crime Sexual battery - Misdemeanor

97. 97 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS When at a mall, an adult female was approached by 3 adult males adults who began to harass her. The males then grabbed her breasts and buttocks with their hands over her clothing. When the female started to scream, the males fled. What crime, if any, did the males commit? Felony Felony Misdemeanor Misdemeanor No crime No crime Misdemeanor - Sexual battery

98. 98 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Before surgery to remove the tooth of an adult female, the dentist purposely gave the female an overdose of nitrous oxide. After the female went into a deep sleep, the dentist removed her pants with the intent to put his mouth on her vagina. As the dentist leaned over the female, a nurse walked in and interrupted him. Did the crime of assault with intent to complete oral copulation occur? Yes or No? Yes or No? Yes - Felony

99. 99 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A husband asked his wife to have sexual intercourse, but she refused. When the wife fell asleep, the husband masturbated while looking at his sleeping wife. What crime, if any, did the husband commit? Indecent exposure Indecent exposure Spousal rape Spousal rape Intent to commit rape Intent to commit rape No crime No crime No crime

100. 100 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS A man convicted of a misdemeanor sex offense failed to register with local law enforcement within 5 days of his birthday. The man did not have prior sex offense convictions. The man committed? Misdemeanor Misdemeanor Felony Felony No crime No crime Misdemeanor

101. 101 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS In order to charge a suspect with rape, an act of penile/vaginal intercourse must be committed without consent of the victim, and with: Verbal or physical threat Verbal or physical threat A person who is not the spouse of the perpetrator A person who is not the spouse of the perpetrator Some aspect of physical force Some aspect of physical force A male perpetrator A male perpetrator A person who is not the spouse of the perpetrator

102. 102 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS When encountering a victim of sexual assault, what is one of the initial concerns of a responding officer? If the victim knew the suspect If the victim knew the suspect If the victim needs to undergo a medical/legal exam If the victim needs to undergo a medical/legal exam The victim’s medical needs The victim’s medical needs Arranging for a support person Arranging for a support person The victim’s medical needs

103. 103 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Sex offenders are required by Penal Code Section 290 to register with local law enforcement officials at what time every year? January 1 January 1 Within 5 working days of their birthdays Within 5 working days of their birthdays On the anniversary of their conviction date On the anniversary of their conviction date On the anniversary of their original registration date On the anniversary of their original registration date Within 5 working days of their birthdays

104. 104 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS If the anus of a victim is kissed by the perpetrator without the victim’s consent, what, if any, felony has been committed? Penetration with a foreign object Penetration with a foreign object Oral copulation Oral copulation No felony, but misdemeanor oral copulation has been committed No felony, but misdemeanor oral copulation has been committed No felony, but misdemeanor sodomy has been committed No felony, but misdemeanor sodomy has been committed No felony - PROMOTIONAL PREPARATION No felony - PROMOTIONAL PREPARATION Oral copulation - Felony

105. 105 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS For sexual battery to be classified as a felony rather than a misdemeanor, what crime element(s) must be present? The bare skin of an intimate part must be touched The bare skin of an intimate part must be touched The perpetrator must have a prior record of a sex crime The perpetrator must have a prior record of a sex crime The victim must be unlawfully restrained The victim must be unlawfully restrained A and C A and C B and C B and C A and C

106. 106 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Sex offenders must register with local law enforcement authorities when moving to a temporary address for more than what number of working days? 5 30 30 14 14 10 10 5

107. 107 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS When a sexual assault is reported, the victim’s name: Must become a matter of public record. Must become a matter of public record. Will be kept confidential, if requested. Will be kept confidential, if requested. Will automatically remain confidential. Will automatically remain confidential. Will become a matter of public record only if the case goes to court. Will become a matter of public record only if the case goes to court. Will be kept confidential, if requested

108. 108 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS If a person attempts to sodomize a victim but is surprised and flees before completing the act, what is the crime? Felony sexual battery Felony sexual battery Misdemeanor sexual battery Misdemeanor sexual battery Assault with intent to commit sodomy Assault with intent to commit sodomy Assault with intent to commit mayhem Assault with intent to commit mayhem Assault with intent to commit sodomy - Felony

109. 109 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Which of the following types of support can victim/witness services throughout California provide for a sexual assault victim? Financial compensation Financial compensation Information and handouts Information and handouts Liaison with the criminal justice system Liaison with the criminal justice system All of the above All of the above All of the above

110. 110 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS If a suspect penetrates a victim’s anus without consent, using their fingers, what type of crime has been committed? Rape Rape Penetration with a foreign object Penetration with a foreign object Sodomy Sodomy Sexual battery Sexual battery Penetration with a foreign object - Felony

111. 111 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Which of the following behaviors might be exhibited by a victim in response to a sexual assault? Acting out Acting out Loss of decision making ability Loss of decision making ability Delayed reporting Delayed reporting A and C only A and C only A, B, and C A, B, and C A, B, and C

112. 112 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Penal Code Section 243.4 deals with what type of sex crime? Oral copulation Oral copulation Incest Incest Sexual battery Sexual battery Penetration with a foreign object Penetration with a foreign object Sexual battery

113. 113 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS When preparing to interview a sexual assault victim, the peace officer should remember to: Personalize the event to show the greatest sympathy. Personalize the event to show the greatest sympathy. Ask if the victim wishes to have a support person present. Ask if the victim wishes to have a support person present. Request that the victim undergo a polygraph to help prove the case. Request that the victim undergo a polygraph to help prove the case. Do all of the above. Do all of the above. Ask if the victim wishes to have a support person present.

114. 114 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Penal Code Section 314 deals with what type of sex crime? Sexual battery Sexual battery Incest Incest Rape Rape Indecent exposure Indecent exposure Indecent exposure

115. 115 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS Which of the following sex crimes can be either a felony or a misdemeanor depending upon the circumstances? Oral copulation Oral copulation Spousal rape Spousal rape Assault with intent to commit rape Assault with intent to commit rape Sexual battery Sexual battery Sexual battery

116. 116 SEX CRIMES SEX CRIMES SAMPLE QUESTIONS If a person convicted of sexual battery is convicted of failing to register under Penal Code Section 290 for a second time, how would the crime of failing to register be classified? As a misdemeanor As a misdemeanor As a felony As a felony As either a felony or a misdemeanor depending upon the classification of the original conviction As either a felony or a misdemeanor depending upon the classification of the original conviction None of the above None of the above As a felony

117. 117 SEX CRIMES The END