Chapter 9: Assault &
Battery/Rape
Assault and Battery

Assault =
• Any attempt or
threat to carry out
a physical attack
upon another
person

Battery =
• Any unlawful physical
contact inflicted by one
person upon another without
consent
• Actual injury is not
necessary
• Person must intend to do
bodily harm
Classifications for Assault and
Battery



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Assault with intent to Rob
Assault with intent to Murder
Aggravated Battery = usually an
unarmed assault (unlike above)
Assault and Battery is often related
to harassment, growing problem in
many states
Stalking


Stalking = occurs
when a person
repeatedly follows or
harasses another
person and makes
threats, causing the
victim to fear death
or bodily injury.
• Women are
usually the
targets of
stalkers…but not
always
Cyberstalking
Bullying

When peers or acquaintances
intimidate, or put others in fear.
• statistics for 2010 revealed about one in
seven students in grades kindergarten
through 12th grade is either a bully or has
been a victim of bullying.

“Gateway” behavior
• When bullying is tolerated, it may teach the
perpetrator that threats and aggression are
acceptable.
• 60% of boys that were identified as bullies in
grades 6-9 had been convicted of at least one
crime by the age of 24.
Sexual Assault

Can include rape or attempted
rape.
• Verbal threats,
• Unwanted sexual contact


Can be an attack that is completed
or attempted.
Contact without Consent
• grabbing/fondling (doesn’t have to
involve force)

Both men and women are capable
of committing sexual assault.
RAPE

Traditionally, the law has recognized
2 Types of Rape:
• Forcible Rape = act of unlawful sexual
intercourse with a woman committed by
a man without her consent
• Statutory Rape = sexual intercourse
by a male with a female who has not
yet reached the legal age of consent
The Elements of Rape

Rape = only occurred when their was sexual
penetration of the female by the male
• Forcible = only occurred if woman did not
give her consent
• No Consent if:
 victim submits to sex due to threats of
bodily harm or use of physical force
 victim is unconscious or mentally
incompetent
 victim is impaired by drugs or alcohol
Proving That Rape Occurred

Traditional burden of evidence for
forcible rape =
• Evidence that victim resisted


Very Controversial = Movement has been to
focus on actions of the rapist not the
response of the victim in court…
Is there a problem with this kind of
approach?
Proving Rape Occurred Cont…

Statutory Rape =
• Consent is not the issue!
• Intercourse with an underage female is rape
whether she consents or not
• Mistake by a male as to the female’s age is
not a defense (i.e. use of a fake i.d.)
• Age of consent varies by state


Ranges from 11 to 18
Most states place age of consent at 16
• An underage male/female can be prosecuted
for having sex with an underage male/female.
(incapable of consent under most laws)
Proving Rape Occurred Cont…

Woman’s lack of chastity: not a defense to
rape
• prostitute can be raped.
• Cannot establish a pattern of behavior based on victims
sexual history.


“Rape Shield Laws” prohibit the introduction of
such evidence in court
To convict a person of rape, states require
various independent types of proof:
•
•
•
•
Doctor’s report
Police report
Witnesses
Story of the victim
Acquaintance Rape





Also known as “date rape”
Introduced in recent years
Sexual assault committed by
someone the victim knows: date,
steady boyfriend, neighbor, friend,
etc…
Many do not report assault in these
cases
Many don’t know what defines rape…