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Law Education Unit 3: Crimes Against the Person

Law Education Unit 3: Crimes Against the Person. Lesson 1: Homicide Lesson 2: Assault and Battery Lesson 3: Rape. Unit 3 Part 3: Rape. Key Terms Malice First Degree Murder Felony Murder Voluntary Manslaughter Involuntary Manslaughter Negligent Homicide. Unit 4 Part 3: Rape.

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Law Education Unit 3: Crimes Against the Person

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  1. Law Education Unit 3: Crimes Against the Person Lesson 1: Homicide Lesson 2: Assault and Battery Lesson 3: Rape

  2. Unit 3 Part 3: Rape Key Terms • Malice • First Degree Murder • Felony Murder • Voluntary Manslaughter • Involuntary Manslaughter • Negligent Homicide

  3. Unit 4 Part 3: Rape Key Terms • Statutory Rape • Acquaintance Rape • Date Rape

  4. Unit 3 Part 3: Rape:Why Do I Need To Know This? According to the Centers for Disease Control (CDC), 1 in 6 women will be the victim of a rape. According to the CDC, almost 100,000 men are raped each year in the U.S. (or about 1 in 33 men) In 8 out of 10 rape cases, the victim reports that the perpetrator was a boyfriend/girlfriend, friend, relative or acquaintance. NO means NO!

  5. Unit 3 Part 3: Objectives Define rape. Explain the different types of rape. Describe the Indiana punishment for rape. Illustrate the protection a victim is given during a rape trial. Define Megan's Law.

  6. Rape • Rape is any sexual intercourse without consent. • Consent can NEVER be given by someone who is: • Underage • Unconscious • Mentally Incompetent • Under the Influence of Drugs or Alcohol • In a rape, the victim and the perpetrator can be of either sex. • So, males can be raped by females, females can be raped by females, and males can be raped by males. • No force is necessary for a rape to occur. All that matters is that the sexual intercourse occurred without consent. • However, if the perpetrator uses force or a weapon, most states will consider it an aggravated rape.

  7. Indiana Criminal Code 35-42-4-1 Rape (a) Except as provided in subsection (b) a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when: (1) the other person is compelled by force or imminent threat of force (2) the other person is unaware that the sexual intercourse is occurring; or (3) the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given; Commits rape, a Class B felony. (b) an offense described in subsection (a) is a Class A Felony if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed whiled armed with a deadly weapon (3) it results in serious bodily injury to a person other than a defendant; or

  8. (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

  9. Statutory Rape • In most states, a person below a certain age can never consent to sexual intercourse. • In a statutory rape case, the parent/guardian can decide to pursue charges even if the victim does not wish to do so and the victim can be forced to testify. • In Indiana, a person under the age of 16 cannot consent to sexual intercourse at any time. • In other states, the age may be different. • In a statutory rape case, it does not matter what the victim says his/her age was. All that matters is the actual age of the victim at the time of the intercourse. • In many jurisdictions, there is a growing trend not to prosecute statutory rape for people who are close in age. • This is due to juries tending not to convict high school sweethearts. • However, a statutory rape case can be made even if the victim was 1 day shy of his/her birthday. • Statutory rape is a strict liability crime. • That means that there are no defenses to this crime!

  10. Indiana Criminal Code 35-42-4-9 Sexual Misconduct with a Minor (a) A person at least eighteen who, with a child at least fourteen but less than sixteen performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony. However, the offense is: (1) a Class B felony if it is committed by using or threatening the use of deadly force, if it is committed with a deadly weapon, if it results in serous bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug or a controlled substance or knowing that the victim was furnished with a drug or controlled substance without the victim's knowledge (b) A person at least eighteen who with a child at least fourteen but less than sixteen performs or submits to any fondling or touching, of either the child or the older person, with the intent to arouse or to satisfy the sexual desires of either the child or the older person, commits sexual misconduct with a minor, a Class D felony.

  11. misconduct with a minor, a Class D felony. (1) a Class C felony if it is committed by a person at least twenty-one and (2) a Class B felony if it is committed by using or threatening the use of deadly force, while armed with a deadly weapon, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge. (c)It is a defense that the accused person reasonably believed that the child was at least sixteen. (d) It is a defense that the child is or has ever been married. However , this subsection does not apply to an offense described in subsecition (a) (2) or (b) (2).

  12. (e) It is a defense to a prosecution under this section if all the following apply: (1) The person is not more than four years older than the victim (2) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term “ongoing personal relationship” does not include family relatives. (3) The crime: (A) was not committed by a person who is at least twenty-one (B) was not committed by using or threatening the use of deadly force; (C) was not committed while armed with a deadly weapon (D) did not result in serious bodily injury (E) was not facilitated by furnishing the victim, without the victim's knowledge with the a drug or a controlled substance, etc. (F) was not committed by a person having position of authority or substantial influence over the victim (4) The person has not committed another sex offense

  13. Date Rape • As noted earlier, the CDC reports that in 8 out of 10 cases, the victim knew the rapist. • High school and college women are 4 times more likely to be the victim of rape. • As stated earlier, a rape can and does occur without force or threat of force. • No means No! • The perpetrator of a date rape does not need to use drugs or alcohol in order to commit rape. • However, most date rapes do occur when the victim has been drinking or under the influence of drugs. • If you are the victim of a rape, there are many resources to help. • You can call 911 for the police • You can call (800) 656-HOPE (656-4673) • You can visit www.rainn.org

  14. Rape Shield Laws • In most states, and in the federal criminal system, the defendant in a rape/sexual assault trial may not introduce evidence about the victim’s sexual history. • This is to avoid making the victim afraid to testify due to possibly revealing aspects of his/her sexual past. • It does not matter what the victim wore or what the victim did prior to the rape. • Even a prostitute can be raped. • It does not matter if the victim struggled or tried to fight off the perpetrator. • A victim can remain totally quiet and still be raped. • All that matter is that the sexual intercourse occurred without consent. • NO means NO!

  15. Rape: Punishment • Each and every sexual act performed in a rape is a separate crime. • So, one rape can lead to many counts of rape being brought as criminal charges. • Each count of rape results in separate punishment. • Additionally, a rape can also lead to a kidnapping charge since the victim is often held against his/her will.

  16. Many states have additional punishments if the rape victim was extremely young, old, disabled, or threatened with a weapon. • As part of the punishment, most states require rapists to register with the police within 10 days of moving into a new area for the rest of their lives. • Also, sexual predators may be prohibited from living in many areas, such as close to schools.

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