Download Understanding Rape & Sexual Offenses in Maryland: Definitions, Degrees & Proving and more Quizzes Criminal Law in PDF only on Docsity! TERM 1 Rape DEFINITION 1 Inherently dangerous felony! Most serious form of sexual assaults and always includes penetration of a penis into a vagina. Sex without consent and with force or threat of force. o Sex: Sexual penetration, however slight, of someones vaginal, anal, or oral openings. In MD, its vaginal intercourse o Consent: Permission. Must be affirmatively and freely given (doesnt need to be verbal). If it is affirmatively and freely given it but then be affirmatively taken away. Must be words and gestures to say no. o Force: By force or threat of force. Intrinsic v. Extrinsic varies between states. Intrinsic: Necessary to accomplish penetration Extrinsic: Act of force in addition to the force necessary to complete the act of penetration. o Court asks these questions about threat of force: Did the victim honestly fear imminent and serious bodily harm? Is there a fear of force that was reasonable? Is there an inherent threat of force that would cause a reasonable person to fear force? TERM 2 Mens Rea of Rape DEFINITION 2 o Majority of states: With knowledge. Defendant acted with an awarness that harm was almost certain to happen. o Minority: Strict liability. Doesnt matter what the defenants purpose was, if they had non-consensual sex theyre guilty. TERM 3 Maryland Rape Law DEFINITION 3 o 1st Degree Rape: Vaginal intercourse, by force or threat of force, without the consent of the woman and that includes an aggravated factor, like the display of a weapon, injury, threats of death, etc o 2nd Degree Rape: Vaginal intercourse, by force or threat of force, without the consent of the woman; OR Vaginal intercourse with someone whos mentally defective or physically helpless. o 1st Degree Sexual Offense: Sexual act, by force or threat of force, without the consent of another that includes an aggravated factor. o 2nd Degree Sexual Offense: Sexual act, by force or threat of force, without the consent of the woman; OR Sexual act with someone whos mentally defective or physically helpless. o 3rd Degree Sexual Offense: Sexual contact, by force or threat of force, without the consent of another that includes an aggravated factor. o 4th Degree Sexual Offense: Sexual contact with another without consent. TERM 4 Proving Rape DEFINITION 4 o Rape Shield laws: Protect the victims past sexual activity from being entered into the evidence by the defense to prove that there was consent for this particular act. Victims past sexual history with the defendant is the exception. TERM 5 Sexual Offenses/Battery Assault DEFINITION 5 Lesser forms of sexual violence. MD only has sexual offense
