Exam Questions Other Crimes Against The Person Ch8 - Complete Test Bank Essential Criminal Law 3e with Answers by Matthew Lippman. DOCX document preview.
Chapter 8: Other Crimes Against the Person
Test Bank
Multiple Choice
1. The introduction of expert testimony regarding attitudes and behaviors that are associated with being a rape victim is consistent with which type of defense?
A. post-traumatic stress syndrome
B. rape trauma syndrome
C. sexual abuse syndrome
D. rape psychosis
Learning Objective: 8-11: Kidnapping requires the involuntary movement of an individual by another for a distance of at least fifteen feet.
Cognitive Domain: Knowledge
Answer Location: Rape Trauma Syndrome
Difficulty Level: Easy
2. Which of the following is a type of physical contact that can be charged with a battery?
A. giving a high five to a friend
B. tackling a football player from the opponent team during a game
C. greeting a friend with a hug or kiss
D. uninvited kiss or sexual fondling
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Comprehension
Answer Location: Simple and Aggravated Battery
Difficulty Level: Easy
3. Consent to intercourse that results from a misrepresentation as to the purpose or the benefits of the sexual act is known as ______.
A. fraud in the factum
B. fraud in the inducement
C. intrinsic resistance
D. extrinsic inducement
Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.
Cognitive Domain: Comprehension
Answer Location: The Elements of the Common Law of Rape
Difficulty Level: Easy
4. Which of the following is not an element of rape under the common law?
A. carnal knowledge
B. against a woman’s will
C. carried out by force
D. rape of a woman or a man
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Comprehension
Answer Location: The Elements of the Common Law of Rape
Difficulty Level: Easy
5. A strict liability offense in which a male is guilty of rape by engaging in intercourse with an underage female is the definition of which type of crime?
A. statutory rape
B. pedophilia
C. child endangerment
D. child molestation
Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.
Cognitive Domain: Knowledge
Answer Location: Statutory Rape
Difficulty Level: Easy
6. One day, Taylor walks up behind Mindy and hits her in the face, causing a black eye. Which of the following is true?
A. Taylor did not assault Mindy because Mindy did not see Taylor hit her.
B. Taylor is guilty of both assault and battery.
C. Taylor is guilty of battery.
D. Taylor is not guilty because Mindy’s black eye is a minor injury.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Analysis
Answer Location: Assault and Battery
Difficulty Level: Medium
7. The crime of aggravated battery does not include which of the following?
A. the use of a dangerous or deadly weapon
B. the intent to kill, rape, or seriously harm
C. serious injury
D. The victim must be placed in fear.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: Simple and Aggravated Battery
Difficulty Level: Easy
8. Which state considers a battery aggravated when the crime was committed with a deadly weapon and when it results in grievous bodily harm?
A. California
B. Illinois
C. Georgia
D. Minnesota
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: Simple and Aggravated Battery
Difficulty Level: Easy
9. ______ involves following or monitoring another person, conducting repeated, unwanted contact, transmitting a threat through electronic communication or a combination of electronic, verbal expressions, and acts.
A. Stalking
B. Cyberstalking
C. Assault
D. Battery
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: Stalking
Difficulty Level: Easy
10. Larry lured Michael to an isolated area of town where he bound and blindfolded him. Larry then took Michael to a house and locked him in the basement. Which of the following is not true?
A. Larry is guilty of kidnapping under the Model Penal Code only if he also held Michael for ransom.
B. Larry is guilty of kidnapping.
C. Larry is guilty of false imprisonment.
D. Larry’s conduct demonstrates the mens rea of kidnapping.
Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.
Cognitive Domain: Analysis
Answer Location: Kidnapping | False Imprisonment
Difficulty Level: Medium
11. Which of the following prohibits the introduction of evidence concerning a victim’s past sexual activity?
A. sexual shield statute
B. rape shield statute
C. sexual history statute
D. past activity statute
Learning Objective: 8-10: An individual may be convicted of stalking who does not inflict physical injury on the person who is being stalked.
Cognitive Domain: Knowledge
Answer Location: Rape Shield Statutes
Difficulty Level: Easy
12. At common law, rape was punishable by which of the following?
A. a fine
B. life imprisonment
C. probation
D. death
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Knowledge
Answer Location: The Common Law of Rape
Difficulty Level: Easy
13. A(n) ______ may be committed either by attempting to commit the application of force to another person or by intentionally placing another person in fear of the application of force
A. battery
B. assault
C. confrontation
D. argument
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: Simple and Aggravated Battery
Difficulty Level: Easy
14. The movement from one place to another is the central issue of which crime?
A. false imprisonment
B. kidnapping
C. abduction
D. aggravated assault
Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.
Cognitive Domain: Knowledge
Answer Location: Kidnapping | Criminal Act
Difficulty Level: Easy
15. ______ typically requires serious bodily injury, the use of a dangerous or deadly weapon, or the intent to kill, rape, or seriously harm.
A. Assault
B. Battery
C. Aggravated assault
D. Aggravated battery
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: Simple and Aggravated Battery
Difficulty Level: Easy
16. What is NOT a requirement for aggravated battery?
A. serious injury
B. the use of a dangerous or deadly weapon
C. the intent to kill, rape, or serious bodily harm
D. walking away after considering the commission of the crime
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: Simple and Aggravated Battery
Difficulty Level: Easy
17. Which of the following factors may increase a criminal charge of stalking to aggravated stalking?
A. causing bodily harm
B. knowing the victim
C. ending a relationship and all contact with the individual
D. adhering to current no-contract orders
Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.
Cognitive Domain: Knowledge
Answer Location: Stalking
Difficulty Level: Easy
18. Benjamin, a senior college student, has a crush on one of his classmates. He tries to get close to her by becoming friends with her roommates. When he is invited over to their apartment, he sneaks away from the group and places a tape recorder in his crush’s room hoping she may talk about him or that it will help him to figure out what kinds of things she likes. Is Benjamin guilty of stalking?
A. Yes, one element is met.
B. No, no elements have been met.
C. It depends on whether the jurisdiction utilizes the objective approach or the subjective approach.
D. He is guilty of aggravated stalking.
Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.
Cognitive Domain: Application
Answer Location: Stalking
Difficulty Level: Medium
19. What does the notion of “the wife as chattel” mean?
A. A wife is husband’s slave.
B. A wife is husband’s possession.
C. Wife is imprisoned.
D. Wife has no right to get divorce.
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Comprehension
Answer Location: The Common Law of Rape
Difficulty Level: Easy
20. All of the following may increase a criminal charge of stalking to aggravated stalking EXCEPT ______.
A. carried out by force
B. rape of a woman or a man
C. carnal knowledge
D. against a woman’s will
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Comprehension
Answer Location: The Elements of Common Law Rape
Difficulty Level: Easy
21. Acquaintance rape is also known as ______.
A. date rape
B. same-sex rape
C. real rape
D. fraud in the factum
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Comprehension
Answer Location: The Elements of Common Law Rape
Difficulty Level: Easy
22. Fraud in the factum is also called ______.
A. fraud in the nature of the act
B. fraud in the nature of the identify
C. earnest resistance
D. reasonable resistance
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Knowledge
Answer Location: The Elements of Common Law Rape
Difficulty Level: Easy
23. A woman consented to treatment for menstrual cramps by a doctor. The doctor began treatment by inserting a metal instrument. Minutes later he removed the metal instrument and, without consent, inserted his sexual organ. This is an example of which of the following?
A. fraud in inducement
B. fraud in the factum
C. withdrawal of consent
D. reasonable resistance
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Application
Answer Location: The Elements of Common Law Rape
Difficulty Level: Medium
24. A woman consented to intercourse with a doctor after being tricked into believing that the doctor had been injected with a serum that would cure her alleged disease. This is an example of which of the following?
A. fraud in inducement
B. fraud in the factum
C. withdrawal of consent
D. reasonable resistance
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Application
Answer Location: The Elements of Common Law Rape
Difficulty Level: Medium
25. Instead of ‘rape,’ a number of states’ criminal statutes now use the term ______.
A. sexual intercourse
B. forcible penetration
C. sexual contact
D. sexual assault
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Knowledge
Answer Location: Rape Reform
Difficulty Level: Easy
26. Which of the following are changes resulting from rape reform?
A. Victims’ rights became an issue prominent in U.S. politics.
B. There are degrees of rape differentiated from one another based on the seriousness of the offense.
C. The definition of sexual intercourse was expanded.
D. Only males may be the perpetrator of the crime of rape.
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Application
Answer Location: Rape Reform
Difficulty Level: Medium
27. Which case was the first to recognize the objective test that recognizes it is a defense to rape that a defendant honestly and reasonably believed that the rape victim consented?
A. State v. Plunkett
B. People v. Mayberry
C. Director of Public Prosecutions v. Morgan
D. Garnett v. State
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Comprehension
Answer Location: The Actus Reus of Modern Rape
Difficulty Level: Easy
28. What is the major difference between extrinsic force and intrinsic force?
A. whether the force is applied externally or internally
B. whether the force is applied outside the home or inside the home
C. the amount of force used
D. the strength of the perpetrator
Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.
Cognitive Domain: Comprehension
Answer Location: The Actus Reus of Modern Rape
Difficulty Level: Easy
29. Kelly and Bob went out on their first date, and at the conclusion of their evening Bob invited Kelly to come to his apartment for a drink. She agreed because she liked him and felt inclined to do so. Once Kelly was inside she sat down and made herself comfortable while Bob prepared some mixed drinks. When he came back into the room he turned the lights off and snuck up behind Kelly to blindfold her. She screamed. He ripped her clothing off and engaged in sexual activity with her while she was physically attempting to fight him off. This is an example of what?
A. withdrawal of consent
B. intrinsic force
C. extrinsic force
D. rape
Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.
Cognitive Domain: Application
Answer Location: The Actus Reus of Modern Rape
Difficulty Level: Medium
30. Which of the following is statutory rape approach that is utilized when an individual who is physically mature misrepresents their age?
A. recognizing that statutory rape should not be a crime when the parties are roughly of the same age
B. allowing for penalties of different severities based on the age of the victim
C. a promiscuity defense
D. enforcing enhanced mandatory minimums for both the victim and perpetrator to deter future sexual conduct
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Application
Answer Location: Statutory Rape
Difficulty Level: Medium
31. Which state is the first to pass a law on the withdrawal of consent?
A. California
B. Illinois
C. Georgia
D. Oregon
Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.
Cognitive Domain: Knowledge
Answer Location: Statutory Rape
Difficulty Level: Medium
32. Which state has the highest rates of rape in the recent data?
A. California
B. Alaska
C. New Mexico
D. Oklahoma
Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.
Cognitive Domain: Knowledge
Answer Location: Statutory Rape
Difficulty Level: Medium
33. What type of battery is punished more severely than other types of assaults and batteries?
A. misdemeanor battery
B. cyber battery
C. acquaintance battery
D. domestic battery
Learning Objective: N/A
Cognitive Domain: Comprehension
Answer Location: Domestic Battery
Difficulty Level: Easy
34. False imprisonment may overlap with which of the following?
A. kidnapping
B. assault and battery
C. false imprisonment
D. arson
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Application
Answer Location: False Imprisonment
Difficulty Level: Medium
35. Which criminal act involves with the forcible abduction or stealing away of a person from his or her own country and sending him or her into another country?
A. abduction
B. kidnapping
C. false imprisonment
D. child theft
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Knowledge
Answer Location: Kidnapping
Difficulty Level: Easy
36. Some of the kidnapping statutes include not only the factor associating with the movement of a victim, but also ______.
A. held in isolation
B. held in substantial period
C. confined
D. sexually assaulted
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Knowledge
Answer Location: Kidnapping
Difficulty Level: Easy
37. Kidnapping is the unlawful and forcible seizure and ______ of another without his or her consent.
A. asportation
B. intent to deceive
C. tangible property
D. property of another
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Application
Answer Location: Kidnapping
Difficulty Level: Medium
38. Some states permit victims to present expert witnesses on the psychological issue of ______, which is the psychological and medical condition of some rape victims.
A. rape trauma syndrome
B. post-traumatic stress syndrome
C. sexual abuse syndrome
D. rape trauma psychosis
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Comprehension
Answer Location: The Common Law of Rape
Difficulty Level: Easy
True/False
1. In 1977, the U.S. Supreme Court declared that a death penalty for rape was constitutional.
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Knowledge
Answer Location: The Common Law of Rape
Difficulty Level: Easy
2. Most modern rape statutes define rape as the forcible carnal knowledge of a woman against her will.
Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
Cognitive Domain: Comprehension
Answer Location: The Elements of the Common Law of Rape
Difficulty Level: Easy
3. An aggravated battery may be accomplished by the infliction of serious bodily injury.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Comprehension
Answer Location: Simple and Aggravated Battery
Difficulty Level: Easy
4. In a self-defense situation, a person who used reasonable force to protect themselves can be charged with battery.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Application
Answer Location: The Elements of Battery
Difficulty Level: Medium
5. The statutes in many states narrowly but slightly differently limit the required intent for battery.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Comprehension
Answer Location: The Elements of Battery
Difficulty Level: Medium
6. A single act of harassment is never sufficient to constitute the crime of stalking.
Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.
Cognitive Domain: Comprehension
Answer Location: Stalking
Difficulty Level: Medium
7. Some states consider bodily parts as a dangerous weapon.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Comprehension
Answer Location: Dangerous Weapon Battery
Difficulty Level: Easy
8. All states include mayhem in the criminal codes.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: Dangerous Weapon Battery
Difficulty Level: Easy
9. A female stalking against a male may not be charged with felony.
Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.
Cognitive Domain: Knowledge
Answer Location: Stalking
Difficulty Level: Easy
10. A husband and a wife cannot be charged with rape.
Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.
Cognitive Domain: Knowledge
Answer Location: Rape
Difficulty Level: Easy
11. Aggravated assault can be charged with a felony of the second degree if the suspect attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.
Learning Objective: 8-12: Describe the difference between simple and aggravated battery and between attempted battery assault and the placing of another in fear of a battery assault.
Cognitive Domain: Comprehension
Answer Location: Assault
Difficulty Level: Easy
12. Extrinsic force is the amount of force required to achieve penetration.
Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.
Cognitive Domain: Knowledge
Answer Location: The Actus Reus of Modern Rape
Difficulty Level: Easy
13. Rape shield laws do not prohibit the introduction of an accused’s past sexual activity in every instance.
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Knowledge
Answer Location: Rape Shield Statute
Difficulty Level: Easy
14. The “Lindbergh Law” prohibits kidnapping and carrying an individual across state lines for the purpose of obtaining a ransom or reward.
Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.
Cognitive Domain: Knowledge
Answer Location: Kidnapping
Difficulty Level: Easy
15. An attempted battery may be the basis of an assault conviction.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Knowledge
Answer Location: The Elements of Assault
Difficulty Level: Easy
16. Fraud in the factum is not a basis for a rape conviction.
Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.
Cognitive Domain: Comprehension
Answer Location: The Elements of the Common Law of Rape
Difficulty Level: Easy
17. All modern statutes are gender neutral with respect to the identity of the perpetrator of a rape.
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Knowledge
Answer Location: Rape Reform
Difficulty Level: Easy
18. Federal law is silent on the crime of kidnapping by a parent.
Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.
Cognitive Domain: Knowledge
Answer Location: Kidnapping
Difficulty Level: Easy
19. False imprisonment requires movement.
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Comprehension
Answer Location: False Imprisonment
Difficulty Level: Easy
20. False imprisonment is a crime that punishes interference with the freedom and liberty of the individual.
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Knowledge
Answer Location: Kidnapping Statutes
Difficulty Level: Easy
Short Answer
1. Explain the difference between assault and battery.
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Analysis
Answer Location: Assault and Battery
Difficulty Level: Medium
2. What is the difference between rape and statutory rape?
Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.
Cognitive Domain: Comprehension
Answer Location: Statutory Rape
Difficulty Level: Easy
3. What are the four considerations for statutory rape?
Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.
Cognitive Domain: Knowledge
Answer Location: Statutory Rape
Difficulty Level: Easy
4. What is the difference between kidnapping and false imprisonment?
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Comprehension
Answer Location: False Imprisonment
Difficulty Level: Medium
5. What is the essence of kidnapping?
Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.
Cognitive Domain: Knowledge
Answer Location: Kidnapping: Criminal Act
Difficulty Level: Medium
6. What are the three acts in kidnapping?
Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.
Cognitive Domain: Comprehension
Answer Location: Kidnapping: Criminal Act
Difficulty Level: Hard
7. Explain the Romeo and Juliet laws.
Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.
Cognitive Domain: Comprehension
Answer Location: Statutory Rape
Difficulty Level: Medium
8. What is the difference between extrinsic force and intrinsic force approaches?
Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.
Cognitive Domain: Comprehension
Answer Location: The Actus Reus of Modern Rape
Difficulty Level: Medium
9. Describe the nature of rape shield statues.
Learning Objective: 8-10: An individual may be convicted of stalking who does not inflict physical injury on the person who is being stalked.
Cognitive Domain: Analyze
Answer Location: Rape Shield Statutes
Difficulty Level: Hard
Essay
1. List and describe the most common provisions under the modified rape statutes.
Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
Cognitive Domain: Knowledge
Answer Location: Rape Reform
Difficulty Level: Medium
2. At a bar, Sue approaches Al because she recognized him from previously dating her roommate. Al buys Sue a few drinks and they talk for hours. As the bar closes, Al asks Sue to come back to his place for a few more drinks. Sue goes along, and when they get back to the apartment, Al takes Sue into the bedroom. There, Al begins taking off Sue’s clothes when she tells him to stop. Sue testifies that she told Al she had a boyfriend, hoping that would be incentive for Al to stop. Al continued to remove her clothing, then his own, and proceeded to have intercourse with Sue. When asked why she did not resist, she testified that she was afraid that he would hurt her. Her roommate had been beaten by Al in the past, and she was fearful that he would beat her as well. When the intercourse was complete, Sue ran out of the apartment and went to the police. Analyze and discuss the case under the extrinsic force and the intrinsic force tests.
Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.
Cognitive Domain: Analysis
Answer Location: The Actus Reus of Modern Rape
Difficulty Level: Medium
3. One night, Jacob is walking home from his shift at a bar. Steven walks up behind him and holds up his index finger to Jacob’s back; Jacob believes it is a gun. Steven instructs him to walk to the adjacent alley, kneel on the ground facing the wall, and orders Jacob to give him all his money, valuables, and cell phone. Steven threatens Jacob and tells him not to make any sound or Steven will shoot him. After Steven leaves, Jacob quickly reports the crime and a patrol car was sent to canvas the location. Steven is found with Jacob’s items and is subsequently arrested. Is Steven liable for attempted battery assault? Why or why not? Is Steven liable for assault of placing another in fear of a battery? Why or why not?
Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
Cognitive Domain: Analysis
Answer Location: Assault and Battery
Difficulty Level: Medium
4. Define kidnapping and false imprisonment under the Model Penal Code, and explain the difference between the two crimes.
Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.
Cognitive Domain: Comprehension
Answer Location: Kidnapping | False Imprisonment | Model Penal Code Diagrams
Difficulty Level: Medium
5. Lisa’s doctor has informed her that there is a new cure for menstrual cramps. For the cure to work, the doctor must inject the serum into an anonymous donor who she will have sex with. The doctor ordered Lisa to meet the donor in a nearby hotel the next day and he would make sure that the procedure was completed. Lisa did as she was told, had sex with the donor, and later found out that she had not been cured, nor was there ever a cure to begin with. Lisa claims that she was raped. Was Lisa raped? Why or why not? Evaluate these facts under both modern reforms to rape and the principle of fraud in inducement.
Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.
Cognitive Domain: Analysis
Answer Location: The Elements of the Common Law of Rape
Difficulty Level: Medium
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Complete Test Bank Essential Criminal Law 3e with Answers
By Matthew Lippman