Q&A Hero

Q: Statutory rape is a strict liability crime in most states.

Q: Rape is a general-intent crime.

Q: Over time, the utmost resistance standard in rape cases has been replaced by a reasonable resistance standard.

Q: Voluntary and knowing consensual sexual behavior between two adults is legal, healthy and desired.

Q: Common law rape required both lack of consent and force or threat of force.

Q: Crimes against persons boil down to four types.

Q: The crime of rape was once punishable by death.

Q: One difference between false imprisonment and kidnapping is that false imprisonment requires asportation of the victim.

Q: Conditional threats to a victim are sufficient to establish the crime of assault.

Q: False imprisonment is a lesser form of personal restraint than kidnapping.

Q: Stalking, although an ancient practice, is a new crime.

Q: Modern statutes and the Model Penal Code make most simple assaults a felony.

Q: Most states have passed rape shield statutes.

Q: The vast majority of rape victims are raped by strangers.

Q: Rape law reform began seriously in the 1970s.

Q: Modern court opinions have relaxed the strict definitions of rape.

Q: Julie goes to see a doctor because she is experiencing pain in her uterus. After examining her, the doctor tells her that she has advanced uterine cancer. The traditional treatment is painful and expensive, the doctor tells her, but there is a new, experimental treatment that has been shown to be very effective. He tells her he has been injected with a serum that will cure her cancer but she must have sex with him to be cured. Julie has sex with the doctor. In the case of Julie and the doctor, which of the following is not true? a. the doctor did not commit a crime. b. the doctor committed a fraud. c. the doctor did not rape Julie. d. Julie consented to intercourse with the doctor.

Q: Julie goes to see a doctor because she is experiencing pain in her uterus. After examining her, the doctor tells her that she has advanced uterine cancer. The traditional treatment is painful and expensive, the doctor tells her, but there is a new, experimental treatment that has been shown to be very effective. He tells her he has been injected with a serum that will cure her cancer but she must have sex with him to be cured. Julie has sex with the doctor. In the situation between Julie and the doctor what crime was committed? a. rape. b. kidnapping. c. domestic violence. d. fraud.

Q: Julie goes to see a doctor because she is experiencing pain in her uterus. After examining her, the doctor tells her that she has advanced uterine cancer. The traditional treatment is painful and expensive, the doctor tells her, but there is a new, experimental treatment that has been shown to be very effective. He tells her he has been injected with a serum that will cure her cancer but she must have sex with him to be cured. Julie has sex with the doctor. Which of the following is true? a. Julie is a victim of rape. b. Julie is a victim of fraud in the fact. c. Julie is a victim of fraud in the inducement. d. none of these are true.

Q: Yule and Theresa attend the same community college and have taken several courses together over the past few semesters. Yule approaches Theresa and asks her if she would mind helping him study for a final exam in a course they are currently taking. Theresa agrees and accompanies him to his apartment after class. They spend several hours studying. During break Yule attempts to kiss Theresa and she rejects him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off of her. After he ejaculates Theresa runs from the apartment. In trying Yule for the offense, the court would use what standard to determine if Theresa resisted? a. totality of the circumstances. b. prevalent standard. c. preponderance of the evidence. d. reasonable resistance rule.

Q: Yule and Theresa attend the same community college and have taken several courses together over the past few semesters. Yule approaches Theresa and asks her if she would mind helping him study for a final exam in a course they are currently taking. Theresa agrees and accompanies him to his apartment after class. They spend several hours studying. During break Yule attempts to kiss Theresa and she rejects him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off of her. After he ejaculates Theresa runs from the apartment. Situations such as the one between Yule and Theresa are a good example of why the courts have done away with what standard? a. the utmost resistance standard. b. the reasonable resistance standard. c. the use of force standard. d. the reasonable force standard.

Q: Yule and Theresa attend the same community college and have taken several courses together over the past few semesters. Yule approaches Theresa and asks her if she would mind helping him study for a final exam in a course they are currently taking. Theresa agrees and accompanies him to his apartment after class. They spend several hours studying. During break Yule attempts to kiss Theresa and she rejects him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off of her. After he ejaculates Theresa runs from the apartment. What crime has Yule committed against Theresa? a. simple rape. b. aggravated rape. c. unarmed acquaintance rape. d. domestic violence.

Q: Jasmine leaves her car running in the driveway as she is closing her garage door. Omar gets in the car as her back is turned and begins to drive away with Jasmine's eight-year-old daughter in the car. Jasmine runs to the car and puts her arms through the driver's side window which is open about ten inches. She grabs for the keys and succeeds in turning off the car as it hits the curb across the street (a distance of approximately 50 feet). Which of the following facts would elevate Omar's crime to a more serious offense? a. he planned to rape Jasmine's eight-year-old daughter. b. he planned to blackmail Jasmine for the return of her eight-year-old daughter. c. he planned to torture Jasmine's eight-year-old daughter. d. all of these facts would elevate Omar's crime to a more serious offense.

Q: Jasmine leaves her car running in the driveway as she is closing her garage door. Omar gets in the car as her back is turned and begins to drive away with Jasmine's eight-year-old daughter in the car. Jasmine runs to the car and puts her arms through the driver's side window which is open about ten inches. She grabs for the keys and succeeds in turning off the car as it hits the curb across the street (a distance of approximately 50 feet). Based on the information provided, what crime would Omar most likely be charged with? a. false imprisonment. b. simple kidnapping. c. aggravated kidnapping. d. aggravated false imprisonment.

Q: Carlos and Tanya worked together at a restaurant. Carlos asked Tanya out on a date and Tanya declined. Carlos became very angry and began sending increasingly threatening e-mails to Tanya. Tanya obtained a civil protection order. Carlos continued e-mailing and threatening Tanya while also acknowledging that he was in violation of the protection order. Tanya changed her address, license plate, employment, and moved. The crime Carlos committed is a bad result crime. What is the bad result in this crime? a. placing victims in fear. b. placing victims in danger. c. placing victims in awkward situations. d. placing victims in neglect.

Q: Carlos and Tanya worked together at a restaurant. Carlos asked Tanya out on a date and Tanya declined. Carlos became very angry and began sending increasingly threatening e-mails to Tanya. Tanya obtained a civil protection order. Carlos continued e-mailing and threatening Tanya while also acknowledging that he was in violation of the protection order. Tanya changed her address, license plate, employment, and moved. The crime Carlos committed is called a. cyberstalking. b. stalking. c. kidnapping. d. attempted rape.

Q: In statutory rape, what substitutes for force? a. omission. b. neglect. c. immaturity. d. recklessness.

Q: What is the name of the exception to the force and resistance rule that says rape occurs when the fraud is in the benefits promised, not in the act? a. fraud in the fact. b. fraud in the inducement. c. fraud in the nature. d. statutory fraud.

Q: "Requires only the amount of physical effort necessary to accomplish penetration" is which definition of force for rape mens rea? a. extrinsic force. b. intrinsic force. c. utmost force. d. manifest force.

Q: Which of the following can courts consider when determining if a victim's fear was reasonable? a. the respective ages of the perpetrator and the victim. b. the physical sizes of the perpetrator and the victim. c. the physical setting of the assault. d. courts consider all of these when determining if a victim's fear was reasonable.

Q: It's almost impossible to get details about which kind of rape victims? a. males. b. children. c. females. d. gays.

Q: Which of the following are reasons why the criminal justice system has failed miserably when it comes to unarmed acquaintance rapes? a. victims aren"t likely to report unarmed acquaintance rapists. b. the police are less likely to believe the victims than they are the victims of aggravated rape. c. prosecutors are less likely to charge unarmed acquaintance rapists. d. all of these are reasons why the criminal justice system has failed miserably when it comes to unarmed acquaintance rapes.

Q: Nonconsensual sex between individuals who are known to one another is called a. unarmed acquaintance rape. b. aggravated acquaintance rape. c. aggravated rape. d. statutory rape.

Q: What was the "dirty secret" that resulted in reforms in sex offense law? a. vast majority of rape victims are raped by men they know. b. vast majority of rape victims are underage. c. vast majority of rape victims are raped by men strangers. d. vast majority of rape victims are raped by teenagers.

Q: What are the only two sex offenses originally recognized by criminal law? a. rape and sodomy. b. rape and frotteurism. c. rape and oral sex. d. rape and statutory rape.

Q: Why is rape considered to be such a serious crime? a. rape violates intimacy and autonomy. b. rape violates intimacy. c. rape violates autonomy. d. rape violates women.

Q: Domestic violence crimes since the early 1970s have been transformed from a private concern to a a. criminal justice problem. b. mental health problem. c. social services problem. d. legislative problem.

Q: How have modern court opinions changed the strict definitions of rape, and sexual assault, or criminal sexual conduct? a. modern court opinions have relaxed the strict definitions of rape, and sexual assault, or criminal sexual conduct b. modern court opinions have tightened the strict definitions of rape, and sexual assault, or criminal sexual conduct c. modern court opinions have negated the strict definitions of rape, and sexual assault, or criminal sexual conduct d. modern court opinions have not changed the strict definitions of rape, and sexual assault, or criminal sexual conduct

Q: What kind of crime is kidnapping? a. strict liability b. vicarious liability c. specific intent d. inchoate

Q: Modern interpretations of the asportation actus reus in the crime of kidnapping a. hold that the victim must be carried several miles away from the place where he or she was seized. b. require that the victim be taken across county lines. c. have made the requirement meaningless. d. have been removed from most statutes.

Q: At common law, kidnapping consisted of how many elements? a. three b. four c. five d. six

Q: Asportation is one of the elements of kidnapping. Asportation means a. confining. b. suffocating. c. restraining. d. carrying away.

Q: What crime is it when a person uses the internet, email, or other electronic communication devices to stalk another person? a. misdemeanor stalking b. attempted assault c. cyberstalking d. cyber-assault

Q: What fear test have most states adopted from the Model Penal Code to evaluate the harm caused to the stalking victim? a. subjective and objective. b. subjective. c. objectively reasonable. d. objective.

Q: Why are rape and other sexual assaults different from all other felonies? a. because under other circumstances, the behaviors connected with them are legal, healthy and desired b. because under other circumstances, the behaviors connected with them are legal c. because under other circumstances, the behaviors connected with them are healthy d. because under other circumstances, the behaviors connected with them are desired

Q: The crime of stalking a. was recognized by the common law. b. has been enacted in only a few states. c. was first enacted in California in 1990. d. only protects famous people who are staked by their fans or enemies.

Q: The MPC (ALI 1985 2:279"81) rape provision eliminated what as an element in rape because of its "disproportionate emphasis upon objective manifestations by the woman?" a. consent. b. force. c. negligence. d. knowledge.

Q: Tricking the victim into believing the act she consented to wasn"t sexual intercourse is known as a. fraud in the fact. b. corroboration in the fact. c. fake in the fact. d. phony in the fact.

Q: Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade? a. since the early 1970s b. since the early 1960s c. since the early 1980s d. since the early 1990s

Q: Today, in most jurisdictions, rape includes how many elements? a. three b. two c. four d. five

Q: Sexual assault statutes have shifted the emphasis a. away from whether there was consent by the victim to the unwanted advances by the perpetrator. b. away from the unwanted advances by the perpetrator to whether there was consent by the victim. c. to whether the victim knew the perpetrator or not. d. to the intentions of the perpetrator.

Q: In the 1970s and 80s, many states abolished what rule that required prosecution to back up rape victims' testimony with that of other witnesses? a. the false witness rule b. the corroboration rule c. the second witness rule d. the best witness rule

Q: An assault is a threatened or attempted a. rape. b. mayhem. c. aggravated battery. d. battery.

Q: A battery is a. unwanted and unjustified offensive touching. b. unwanted and unjustified offensive assault. c. assault. d. aggravated assault.

Q: Rape by strangers or individuals with weapons who physically injure their victims is a. simple rape. b. aggravated assault. c. aggravated rape. d. attempted murder.

Q: In states that recognize the defense of "reasonable mistake of age" in statutory rape prosecutions, what is the mens rea with regard to the circumstance of age? a. intent b. purpose c. knowing d. negligence

Q: What crime is second only to murder in being regarded as the most serious crime? a. rape b. kidnapping c. stalking d. frotteurism

Q: Which crime of rape involves an adult having sex with a child, even if the child consented? a. forcible b. common law c. minority d. statutory

Q: In Regina v. Morgan (1975), Britain's highest court held that the defendants were not guilty of rape because they a. reasonably believed the victim has consented. b. reasonably believed the victim was older than she really was. c. did not inflict serious bodily injury on the victim. d. were entrapped into the crime because the victim was a government-paid prostitute.

Q: Kidnapping and false imprisonment both violate what right? a. the right of locomotion b. the right of freedom of movement c. the right of transformation d. the right of freedom from penetration

Q: To satisfy the threat-of-force requirement in a sexual assault trial, the prosecution must show that the victim honestly feared imminent and serious harm and a. there is corroboration of the assault. b. the attacker brandished a weapon. c. the victim resisted the threat. d. the victim's fear was reasonable under the circumstances.

Q: Statutory rape is what kind of crime in most states? a. strict liability b. vicarious liability c. specific intent d. general intent

Q: What kind of crime is rape? a. strict liability b. vicarious liability c. specific intent d. general intent

Q: Force beyond that required to complete sexual penetration or contact is a. not always required to satisfy the force requirement in rape. b. always required to satisfy the force requirement in rape. c. never required to satisfy the force requirement in rape. d. required to satisfy the force requirement in rape ninety percent of the time.

Q: The vast majority of rape victims are raped by a. strangers. b. spouses. c. individuals between twenty and thirty years of age. d. individuals they know.

Q: Rape law reforms since the 1970s have a. expanded a defendant's ability to present evidence about the victim. b. repealed rape shield statutes. c. repealed gender neutral rape laws. d. included additional types of sexual penetration.

Q: Many recent rape statutes have modified the common law by a. eliminating the marital rape exception. b. including sexual intercourse in the actus reus. c. lowering the burden of proof to preponderance of the evidence. d. making rape a vicarious liability crime.

Q: Since the 1970s, rape laws have been reformed by a. the creation of the marital exception. b. limiting the offense to vaginal penetration. c. relaxing the prompt reporting rule. d. relaxing the non-consent element.

Q: Rape shield statutes a. prohibit introducing evidence of victims' past conduct. b. provide for the death penalty for rape. c. prohibit cross examination of the rape victim. d. protect the defendant from prejudicial pretrial publicity.

Q: One of the most critical problems in sex offenses is to distinguish flirting and seduction from? a. sexual assault b. assault c. stalking d. kidnapping

Q: There are how many types of crimes against persons? a. two b. three c. four d. five

Q: What state was the first to separate murder into two degrees? a. Virginia b. New York c. Pennsylvania d. Massachusetts

Q: Why was the crime of murder divided into first and second degree? a. to allow some offenders to claim "benefit of clergy" b. to make it easier for states to convict murderers c. to distinguish between malicious and deliberate murders d. to separate murders that deserve the death penalty from those that do not

Q: Twenty four states make it a crime to kill a fetus. In what way is this accomplished? a. revise existing homicide statutes to include fetuses as homicide victims. b. create new fetal homicide statutes aimed exclusively at fetuses. c. create statutes that punish attacks on pregnant women that cause death to the fetuses they"re carrying. d. all of these are ways that states have made it a crime to kill a fetus.

Q: In which of the following cases did the Supreme Court approve Oregon's Death with Dignity Act? a. State v. Cotton (2000) b. Washington v. Glucksberg (1997) c. Gonzalez v. Oregon (2005) d. Byford v. State (2000)

Q: The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the a. concurrence. b. act. c. harm. d. mens rea.

Q: Which of the following is not one of the forms of euthanasia? a. passive b. active c. beneficent d. malicious

Q: What is the name of assisted suicide? a. euthanasia b. homicide c. involuntary manslaughter d. voluntary manslaughter

Q: Throughout most of its history, homicide law has followed what rule? a. the born alive rule b. the viable rule c. the conception rule d. the living rule

Q: As the common law developed, murder was distinguished from manslaughter in that murder required a. malice aforethought. b. adequate provocation. c. heat of passion. d. no actus reus.