Chapter 6 Assault, Robbery, Rape, and Other Crimes Against the Person - PowerPoint Presentation

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Chapter 6

Assault, Robbery, Rape, and Other Crimes Against the Person

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Terms assault

and

battery used interchangeablyAre technically different crimes; each can occur without the otherAssaultUnlawful attempt or threat to inflict immediate harm or deathBattery Unauthorized harmful or offensive touching of anotherUnder common law, both were misdemeanorsMay be categorized as misdemeanors or felonies in most modern statutesCan also be further divided by degrees or typesSome jurisdictions merge both into one crime; assault

Assault

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Some jurisdictions require that for an assault there must be threat of immediate or imminent harm

Most statutes require present ability to succeed in carrying out threat

Simple assaults and batteries include acts that do not involve aggravationLaw recognizes some unauthorized touchings are offensive even if not dangerousCan constitute a crime as well as a tortSimple Assault

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A more serious assaultUnlawful attack on another for purpose of inflicting severe or aggravated bodily injury

M

ost frequently committed of the four serious violent crimes reported by the FBI’s UCRAccounted for approximately 63.6% of those crimes in 2014Preliminary data for January-June 2015 show they increased by 2.3% compared to that period in 2014Aggravated Assault

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May involve acts performed with intention of committing another crime or acts accompanied by particularly outrageous or atrocious circumstances

In some cases, charges can be brought in conjunction with attempt crimes

Some jurisdictions list crimes that might refer to an assault with intent to…and name specific crimesAggravated Assault

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Defined by Model Penal Code as:When person recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury

Some jurisdictions who divide assault into degrees include this as lowest of those degrees

Reckless Assault

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Permanent injury inflicted on a victim with intent to injure and which may disable or disfigure that person

May also be stated as separate crime or included within assault statutes

Under common law referred to rendering a person less able to fightCould occur by disfigurement or disablementLater extended to include disfigurement that did not disable the victimMayhem

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Today some jurisdictions separate without reference to ability to fight but with reference to disfigurement

Some statutes require prosecution to prove intent to injure or intent to disable or disfigure

Some list body parts that are includedSome include crime within another categoryUnder early common law was felonyPunishable by causing perpetrator to lose same body part lost by victimModern punishment not as severeMayhem

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Categorized by FBI as one of four serious violent crimes

Involves taking or attempting to take anything of value from care, custody, or control of a person or persons by force or threat of force or violence or by putting victim in fear

Trend today is to consider it both a violent and property crimeEstimated robberies accounted for 28% of serious violent crimes reported to police in 2014Robbery

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A trespassory taking

A carryin

g awayOf the personal propertyOf anotherWith the intent to stealFirst element Required property be taken from person or presence of victim by force or intimidation

Possessor of property must be close enough he or she could exercise control over property and prevent robbery except for presence of force or intimidation

Requirement not retained in all jurisdictions

Robbery: Elements

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Second elementK

nown as

asportationMoving things or people from one place to anotherThird elementRequires items taken must constitute personal propertyThings that can be movedDifferent from real propertyFourth elementPersonal property carried away belongs to another person

Robbery: Elements

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Fifth elementPerpetrator had required intent to steal the property

Some statutes do not enumerate all five elements

May be covered by jurisdiction’s theft statutesRequirement of force or intimidation causes difficulty in distinguishing robbery from theftUse of intimidation to commit theft may constitute robberyActual violence not required; threat will sufficeRobbery: Elements

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Most robbery statutes do not distinguish acts by value of what is taken

They may grade crime in terms of aggravating factors

Simple robbery may be distinguished from aggravated robberyRobbery: Elements

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Special statutes enacted to cover crime of robbery that occurs within a home

Statutes generally refer to entering dwelling with intent to commit robbery and then committing that robbery

Crime distinguished from burglaryCrime is usually a first-degree felonySee Focus 6.1Home Invasion Robbery

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Could be included within crime of assault, but both serious enough to be defined as separate crimes

Under common law, rape defined as unlawful carnal knowledge of female without her consent

Unlawful meant act not authorized by lawCarnal knowledge synonymous with sexual intercourseLimited to acts involving penis and vaginaCrime required penetrationAct must have occurred without consent of victimProving it was a factual problem

Rape and Sodomy: Definitional Issues

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Most jurisdictions have passed rape shield statutesProhibit prosecution from presenting evidence of alleged victim’s prior sexual experiences

Some exceptions exist

Frequently media will not report names of alleged sex crime victimsRape and Sodomy: Definitional Issues

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For 80 years, FBI used term

forcible rape

Definition followed common lawMore strict than many state statutesIncludes males as potential victims and females as potential perpetratorsModern statutes also define penetration more broadlyInclude oral and anal as well as vaginal cavities and penetration by use of foreign object as well as by penisDefinition changed in 2012 and name changed to rapeFBI distinguishes collected data under legacy definition and revised definition

Rape and Sodomy: Definitional Issues

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Some jurisdictions do not use term rape

in statutes

Refer to such crimes as sexual assault or criminal sexual assaultRapes (legacy definition) constituted approximately 7.2% of the four serious violent crimes reported in 20142016 preliminary data for first six months of 2015, compared to same period for 2014Data for revised rape definition increased by 1.2%Data for legacy definition increased by 9.6%

Rape and Sodomy: Definitional Issues

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SodomyNot a crime under common law in England, but later defined by statute

Was American common law crime, later defined by statute

Generally included both ancient and religious crimes of bestiality and buggeryLater defined to include oral sexActs involved in these offenses considered to be unnatural and “against nature” Rape and Sodomy: Definitional Issues

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A few current statutes retain

definition of sodomy in terms of “that abominable crime against nature”

Some include oral stimulation of penis either within statute or interpretationSome include oral stimulation of a womanDoubtful these statutes will be upheld since cases of:Lawrence v. Texas (2003) U.S. Supreme Court struck down Texas anti-sodomy statuteObergefell et al. v. Hodges et al. (2015)U.S. Supreme Court upheld right of same-sex marriages

Rape and Sodomy: Definitional Issues

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Some statutes have introduced term such as deviant sexual behavior

Within criminal law only when persons use force, fraud, or duress or engage in acts with persons unable to give consentEliminates acts between consenting adults in privateSome jurisdictions have also established degrees of criminal sexual conductRape and Sodomy: Definitional Issues

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Female gender (extended to males in increasing number of jurisdictions, including federal)

Penetration

Lack of consentCommon law limited rape to male perpetrators and female victimsRetained in some jurisdictionsSome have adopted gender-neutral language for both victims and perpetratorsRape and Sodomy: Elements

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Requirement of penetrationUnder common law usually interpreted to mean

any

penetration of vagina by penisApproach followed by most U.S. jurisdictionsMore recent statutes include penetration of any body opening by foreign object for purpose of sexual gratification or humiliationBeen one of most difficult and frequently litigated elements of rape and sodomyState v. Moppin (Kan. 1989) and Norton v. State (Kan.Ct.App. 1991)

Rape and Sodomy: Elements

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Lack of consentConviction requires victim did not consent

Another element difficult to prove

Most cases there are no witnessesConsent not legal if obtained by duress, threats of harm if one refuses, fraud, or f given by one who cannot consent legallyEvidence of struggle was common requirement in pastNot necessary in many jurisdictions todayModern trend is victim testimony is sufficient on consent issueAs with any witness, testimony can be rejected by juryRape and Sodomy: Elements

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Not considered crime under common law and early U.S. law

Assumed husbands had legal control of wives

Could beat or even rape themParents had legal control of childrenCould discipline them as they choseEven after U.S. jurisdictions forbade such acts by statute, little, if any attention was paid to violationsDomestic Violence

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In 1983, Task Force on Family Violence formedIn 1994, Congress passed Violence Against Women Act

Part of the Violent Crime Control and Law Enforcement Act

Under this statute, domestic violence constitutes civil rights violationsVictims could be granted civil damages and attorney feesDomestic Violence

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Is not part of FBI crime dataThought crimes that constitute that violence are included

Problem is lack of acceptable definition and separate category of crimes

Reluctance or refusal of victims to report crimes exacerbates problemGreater attention paid to these crimes in recent yearsDomestic Violence

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In latest report on victimization, BJS reported no significant statistical difference in rates of violence committed by strangers (

Durose

et al., 2015)BJS also reported rate of domestic violence remained stable from 2013 to 2014 (Truman & Langton, 2015)Today, concept used to refer to variety of types of harm on members of the familySome jurisdictions have special statutesOthers attach term to various crimes that occur within domestic settingDomestic Violence

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Generally refers to violence toward current or former spouse, girlfriend, or boyfriend

Data difficult to obtain

Most recent official data published by BJS in 2013Shows decline in rate of serious IPV against females and decline of 64% against male victimsBetween 2002 and 2011, estimated two-thirds of serious attacks on men and women involved physical attack; rest involved attempts or verbal threatsAmong women, estimated 8% involved sexual attacksThe most violent attacks occurring in families and other intimate personal situations often result in deaths of victimsDomestic Violence:

Intimate Partner Violence (IPV)

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Under common law man could not be charged with raping his spouse

Law assumed implicit in marriage contract was willingness on part of wife to participate in sexual intercourse at husband’s desire

Today, many jurisdictions have statutes that define marital rape as a crimeOthers include spousal victims under rape statutesWarren v. State (Ga. 1985) In some jurisdiction both husband and wife may be considered as spousal victimsStatutes may place restrictions on prosecutions and penaltiesSee Focus 6.2Domestic Violence: Marital Rape

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Forced sexual acts that occur during a consensual social occasion

Victim may have agreed to some sexual intimacy, but not activities defined in statute

Prosecutions can be difficultIssue is whether complainant consented to sexual intercourseDomestic Violence: Date Rape

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No legal concept of date rape versus

rape

If elements are present, crime is rapeStudies show alcohol and other drugs play major roleConcern led drug Rohypnol, the “date rape drug” as a Schedule I drugAlso known as “roofies”Domestic Violence: Date Rape

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Physical (including sexual abuse) or psychological abuse of a child

May also include involving children in pornography or showing them pornography

In recent years, trend has been toward processing some forms through special statutesSome have aimed at preventing continued abuse of childrenChild Abuse

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Latest available data reported 679,000 abuse and neglect cases in 2013

Down 3.8% since 2009

27.3% of the children were under three years old19.7% between ages three and fiveIn some cases, children are alleged to have consentedThey cannot consentChild Abuse

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Sexual intercourse (and in some jurisdictions, other sexual acts) with an underage person even though they consented

Was not a crime under early common law

In 1275, English common law criminalized it, setting age at 12Lowered age to ten in 1576In 1700s and 1800s, statutory rape laws in United States set age of consent at 10 or 12Between 1885 and 1900 ages raised to 16 or even higher in most statesStatutory Rape

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Philosophy behind statutes is that minors may be taken advantage of sexually and are not old enough to know how to avoid sexual predators

Ages under which minors can give legal consent varies among jurisdictions

Historically only could be committed with an underage girlToday gender neutral statutes are normIs a strict liability crime in most jurisdictionsSome consider a reasonable mistake of fact concerning minor’s age to constitute a defenseStatutory Rape

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Those that do not have statutes as such but may have others to cover the behavior

May have degrees of the crime

Some statutes have been successfully challenged when they involve young people as perpetratorsIn re D.B. (Ohio 2011)In a few states, a victim has been ordered to pay child support for a child resulting from the illicit sexStatutory Rape

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Sexual relations between children and family members or relatives who are legally too close to marry

May be classified as separate crime

May also be prosecuted as, or along with, other sex crimesVictims are not all childrenMost are under legal age of consentNew Mexico and Minnesota statutesTwo ways of dealing with crimeIncest

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Problem has gained attention in recent years

Takes many forms, ranging from emotional abuse by family and caretakers to sexual and other forms of physical abuse and including financial scams

Some statutes have specific statutes regarding this abuseAnother approach is to define elder abuse along with abuse of other so-called protected categories of personsElder Abuse

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Elderly are also victims of sexual abuse

This type often hidden

Virginia research studyMost common type involved women as victims of sexualized kissing and fondling followed by abuse of unwelcome sexual interest in older person’s bodySome family and other caretakers target elderly for financial gainAlso fall victim to property scams on their ownIn 2010, Congress passed the Elder Justice ActSee Focus 6.3Elder Abuse

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Worst shooting spree occurred on April 16, 2007

Virginia Tech, Blacksburg, VA

Mass shootings not limited to colleges and universitiesColumbine High School, Littleton, COSandy Hook Elementary, Newtown, CTMass shootings do not minimize individual killingsYale UniversityFlorida State UniversityCampus Issues: Active Shootings

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Numerous other campus shootings, along with knifings and fistfights have marred peace and tranquility normally expected of a campus

Threat of violence leads to unease among all

Act of violence and threats of violence are seriousCampus Issues: Active Shootings

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Penn State scandal and numerous other rape and sexual assault allegations on campuses have led to close scrutiny of those cultures and policies governing administrative reaction to allegations

Some cases have brought up issues with polices

There is evidence such attacks do occur and are not reported or are reported and not properly processedCampus Issues: Sexual Assaults

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CaliforniaBecame first state to enact statute requiring colleges and universities to develop affirmative consent to sex policies or risk losing state funds

See Focus 6.4

Connecticut Enacted statute requiring colleges and universities provide certain services and protections to alleged sexual assault victimsCampus Issues: Sexual Assaults

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White HouseAnnounced public awareness campaign

“It’s on Us”New YorkGovernor signed extension to earlier law requiring colleges and universities to have a uniform consent to sex policyConcern with issue has led some schools to ban sexual relationships between faculty and studentsBrought objections from law faculty and othersCampus Issues: Sexual Assaults

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Another important issue on college and university campuses

At time, racial tension can lead to violence

Can also result in protestsUniversity of Missouri, Columbia MOCan be an individual or group affected by issueCampus Issues: Racial Concerns

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Colleges and universities have placed bans or limits on presence and use of alcohol and other drugs

Dartmouth College, New Hampshire

President announced hard liquor ban on campusNot expected for all to follow suit, though some others have banned hard liquor in some areas of their campusesCampus Issues: Alcohol and Other Drugs

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TexasPassed bill permitting students and faculty to carry concealed handguns on campus

So-called

campus carry bills are controversialSubject of state and national debateInstitutions permitted to establish rules and regulations concerning such carryMay not be able to ban them in dorms and classroomsCampus Issues: Guns

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Two are similar in that both require restricting victims’ freedom

Differ in elements required to establish crimes, seriousness of offenses, and punishments

Some jurisdictions do not define two as separate crimesSome do not define kidnapping as separate if committed incidental to another crimeFalse Imprisonment and Kidnapping

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Unlawful and knowing restraint of person against his or her wishes so as to deny freedom

Did not require asportation under common law

Sometimes called false arrestOnly referred to unlawful confinementFalse Imprisonment

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Restricting freedom of victim against his or her will

Required asportation of victim from his or her own country to another under common law

AsportationRemoval from one place to anotherRemains required element of kidnapping in most jurisdictionsSome statutes require victims be isolated in secret placeOthers only require proof of intent to isolate victimSome statutes define more than one degree of the crimeKidnapping

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Some jurisdictions define separate crime of child stealing or parental kidnapping

Parental Kidnapping Prevention Act of 1980

Permits federal authorities to issue warrants for parents who flee jurisdiction to avoid prosecution for parental kidnappingObligates states, under specified circumstances, to recognize child custody determinations of other statesProblem with cases may be:Locating parent who took child illegallyProsecuting cases-lower courts disagree on issueOhioInterference with custody statute

Parental Kidnapping

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Traditional crimes motivated by person’s actions toward another based on certain characteristics, combination of characteristics, or other traits

Jurisdictions vary with regard to which are included in statutes

Hate Crime Statistics Act of 1990Congress called for collection of data on crimes involving bias against personsAmended in 1994 to include physical and mental disabilities and 2009 to add gender and gender identity and include data on crimes against juvenilesAll categories collected by FBI for its UCRHate Crimes

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Some jurisdictions do not have separate statutes

Prosecute under other statutes

Others follow federal statuteSome include genderStatutes have been challenged in courtsSome have been voided as violating First Amendment right to free speechSee Focus 6.5Hate Crimes

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Course of conduct directed at

specific person

Involves repeated visual or physical proximity, nonconsensual communication, or verbal, written or implied threats, or combination thereof, that would cause reasonable person fearMay now be covered under statutesEstimated 3.3 million persons age 18 or older subjected to one or more stalking acts during 12-month periodStalking

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Statutes have been challenged in courts with some success

Florida

State Supreme Court affirmed appellate court upholding statuteBouters v. State (Fla. 1995)OhioAppeals court ruled statute is not vague or too broadState v. Dario (Ohio App. 1995)KansasKansas Supreme Court held statute void for vaguenessState v. Bryan (Kan. 1996)

Stalking

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Stalking by use of a computer

Statutes are new and do not yet exist in some jurisdictions

CaliforniaStatute became effective on January 1, 1999Constitutes amendment to state stalking statuteData on crime difficult to compileProsecutions even more complicatedCyberstalking

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Reasons for problemsSome victims do not report

Agencies do not have resources to investigate and prosecute

Prosecution generally requires “credible threat”Difficult to prove on InternetInvestigations and prosecutions difficult because of jurisdictional issuesExamples of casesCyberstalking

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Not a new actEnhanced in recent years by Internet

Specific legislation is

recentHas been connected to suicides and other personal tragediesMassachusetts statuteSee Focus 6.6Bullying