ASSAULT, ROBBERY,
RAPE, AND OTHER Chapter 6
CRIMES AGAINST THE
PERSON
ASSAULT
Terms assault and battery used interchangeably
Are technically different crimes; each can occur without the other
Assault
Unlawful attempt or threat to inflict immediate harm or death
Battery
Unauthorized harmful or offensive touching of another
Under common law, both were misdemeanors
May be categorized as misdemeanors or felonies in most
modern statutes
Can also be further divided by degrees or types
Some jurisdictions merge both into one crime; assault
SIMPLE ASSAULT
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
aggravation
Law recognizes some unauthorized touchings are offensive
even if not dangerous
Can constitute a crime as well as a tort
AGGRAVATED ASSAULT
A more serious assault
Unlawful attack on another for purpose of inflicting severe or
aggravated bodily injury
Most frequently committed of the four serious violent crimes
reported by the FBI’s UCR
Accounted for approximately 63.6% of those crimes in 2014
Preliminary data for January-June 2015 show they increased by 2.3%
compared to that period in 2014
AGGRAVATED ASSAULT
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 crimes
RECKLESS ASSAULT
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
MAYHEM
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
fight
Could occur by disfigurement or disablement
Later extended to include disfigurement that did not disable the
victim
MAYHEM
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 included
Some include crime within another category
Under early common law was felony
Punishable by causing perpetrator to lose same body part lost by
victim
Modern punishment not as severe
ROBBERY
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 crime
Estimated robberies accounted for 28% of serious violent
crimes reported to police in 2014
ROBBERY: ELEMENTS
1. A trespassory taking
2. A carrying away
3. Of the personal property
4. Of another
5. With the intent to steal
First 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
Second element
Known as asportation
Moving things or people from one place to another
Third element
Requires items taken must constitute personal property
Things that can be moved
Different from real property
Fourth element
Personal property carried away belongs to another person
ROBBERY: ELEMENTS
Fifth element
Perpetrator had required intent to steal the property
Some statutes do not enumerate all five elements
May be covered by jurisdiction’s theft statutes
Requirement of force or intimidation causes difficulty in
distinguishing robbery from theft
Use of intimidation to commit theft may constitute robbery
Actual violence not required; threat will suffice
ROBBERY: ELEMENTS
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 robbery
HOME INVASION ROBBERY
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 burglary
Crime is usually a first-degree felony
See Focus 6.1
RAPE AND SODOMY: DEFINITIONAL
ISSUES
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 law
Carnal knowledge synonymous with sexual intercourse
Limited to acts involving penis and vagina
Crime required penetration
Act must have occurred without consent of victim
Proving it was a factual problem
RAPE AND SODOMY: DEFINITIONAL
ISSUES
Most jurisdictions have passed rape shield statutes
Prohibit prosecution from presenting evidence of alleged victim’s
prior sexual experiences
Some exceptions exist
Frequently media will not report names of alleged sex crime
victims
RAPE AND SODOMY: DEFINITIONAL
ISSUES
For 80 years, FBI used term forcible rape
Definition followed common law
More strict than many state statutes
Includes males as potential victims and females as potential
perpetrators
Modern statutes also define penetration more broadly
Include oral and anal as well as vaginal cavities and penetration by
use of foreign object as well as by penis
Definition changed in 2012 and name changed to rape
FBI distinguishes collected data under legacy definition and revised
definition
RAPE AND SODOMY: DEFINITIONAL
ISSUES
Some jurisdictions do not use term rape in statutes
Refer to such crimes as sexual assault or criminal sexual assault
Rapes (legacy definition) constituted approximately 7.2% of
the four serious violent crimes reported in 2014
2016 preliminary data for first six months of 2015, compared
to same period for 2014
Data for revised rape definition increased by 1.2%
Data for legacy definition increased by 9.6%
RAPE AND SODOMY: DEFINITIONAL
ISSUES
Sodomy
Not 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
buggery
Later defined to include oral sex
Acts involved in these offenses considered to be unnatural and “against
nature”
RAPE AND SODOMY: DEFINITIONAL
ISSUES
• 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
interpretation
Some include oral stimulation of a woman
Doubtful these statutes will be upheld since cases of:
Lawrence v. Texas (2003)
U.S. Supreme Court struck down Texas anti-sodomy statute
Obergefell et al. v. Hodges et al. (2015)
U.S. Supreme Court upheld right of same-sex marriages
RAPE AND SODOMY: DEFINITIONAL
ISSUES
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 consent
Eliminates acts between consenting adults in private
Some jurisdictions have also established degrees of criminal
sexual conduct
RAPE AND SODOMY: ELEMENTS
1. Female gender (extended to males in increasing number of
jurisdictions, including federal)
2. Penetration
3. Lack of consent
Common law limited rape to male perpetrators and female
victims
Retained in some jurisdictions
Some have adopted gender-neutral language for both victims and
perpetrators
RAPE AND SODOMY: ELEMENTS
Requirement of penetration
Under common law usually interpreted to mean any penetration of
vagina by penis
Approach followed by most U.S. jurisdictions
More recent statutes include penetration of any body opening by
foreign object for purpose of sexual gratification or humiliation
Been one of most difficult and frequently litigated elements of rape
and sodomy
State v. Moppin (Kan. 1989) and Norton v. State (Kan.Ct.App. 1991)
RAPE AND SODOMY: ELEMENTS
Lack of consent
Conviction requires victim did not consent
Another element difficult to prove
Most cases there are no witnesses
Consent not legal if obtained by duress, threats of harm if one
refuses, fraud, or f given by one who cannot consent legally
Evidence of struggle was common requirement in past
Not necessary in many jurisdictions today
Modern trend is victim testimony is sufficient on consent issue
As with any witness, testimony can be rejected by jury
DOMESTIC VIOLENCE
Not considered crime under common law and early U.S. law
Assumed husbands had legal control of wives
Could beat or even rape them
Parents had legal control of children
Could discipline them as they chose
Even after U.S. jurisdictions forbade such acts by statute,
little, if any attention was paid to violations
DOMESTIC VIOLENCE
In 1983, Task Force on Family Violence formed
In 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
violations
Victims could be granted civil damages and attorney fees
DOMESTIC VIOLENCE
Is not part of FBI crime data
Thought 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
problem
Greater attention paid to these crimes in recent years
DOMESTIC VIOLENCE
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 family
Some jurisdictions have special statutes
Others attach term to various crimes that occur within domestic
setting
DOMESTIC VIOLENCE:
INTIMATE PARTNER VIOLENCE (IPV)
Generally refers to violence toward current or former spouse,
girlfriend, or boyfriend
Data difficult to obtain
Most recent official data published by BJS in 2013
Shows decline in rate of serious IPV against females and decline of 64%
against male victims
Between 2002 and 2011, estimated two-thirds of serious attacks on men
and women involved physical attack; rest involved attempts or verbal
threats
Among women, estimated 8% involved sexual attacks
The most violent attacks occurring in families and other
intimate personal situations often result in deaths of victims
DOMESTIC VIOLENCE: MARITAL RAPE
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 crime
Others include spousal victims under rape statutes
Warren v. State (Ga. 1985)
In some jurisdiction both husband and wife may be
considered as spousal victims
Statutes may place restrictions on prosecutions and penalties
See Focus 6.2
DOMESTIC VIOLENCE: DATE RAPE
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 difficult
Issue is whether complainant consented to sexual intercourse
DOMESTIC VIOLENCE: DATE RAPE
No legal concept of date rape versus rape
If elements are present, crime is rape
Studies show alcohol and other drugs play major role
Concern led drug Rohypnol, the “date rape drug” as a Schedule I drug
Also known as “roofies”
CHILD ABUSE
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 statutes
Some have aimed at preventing continued abuse of children
CHILD ABUSE
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 old
19.7% between ages three and five
In some cases, children are alleged to have consented
They cannot consent
STATUTORY RAPE
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
12
Lowered age to ten in 1576
In 1700s and 1800s, statutory rape laws in United States set
age of consent at 10 or 12
Between 1885 and 1900 ages raised to 16 or even higher in most
states
STATUTORY RAPE
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 girl
Today gender neutral statutes are norm
Is a strict liability crime in most jurisdictions
Some consider a reasonable mistake of fact concerning minor’s age
to constitute a defense
STATUTORY RAPE
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 perpetrators
In 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 sex
INCEST
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 crimes
Victims are not all children
Most are under legal age of consent
New Mexico and Minnesota statutes
Two ways of dealing with crime
ELDER ABUSE
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 abuse
Another approach is to define elder abuse along with abuse of
other so-called protected categories of persons
ELDER ABUSE
Elderly are also victims of sexual abuse
This type often hidden
Virginia research study
Most common type involved women as victims of sexualized kissing
and fondling followed by abuse of unwelcome sexual interest in older
person’s body
Some family and other caretakers target elderly for financial
gain
Also fall victim to property scams on their own
In 2010, Congress passed the Elder Justice Act
See Focus 6.3
CAMPUS ISSUES: ACTIVE SHOOTINGS
Worst shooting spree occurred on April 16, 2007
Virginia Tech, Blacksburg, VA
Mass shootings not limited to colleges and universities
Columbine High School, Littleton, CO
Sandy Hook Elementary, Newtown, CT
Mass shootings do not minimize individual killings
Yale University
Florida State University
CAMPUS ISSUES: ACTIVE SHOOTINGS
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 serious
CAMPUS ISSUES: SEXUAL ASSAULTS
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 processed
CAMPUS ISSUES: SEXUAL ASSAULTS
California
Became 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 victims
CAMPUS ISSUES: SEXUAL ASSAULTS
White House
Announced public awareness campaign “It’s on Us”
New York
Governor signed extension to earlier law requiring colleges and
universities to have a uniform consent to sex policy
Concern with issue has led some schools to ban sexual
relationships between faculty and students
Brought objections from law faculty and others
CAMPUS ISSUES: RACIAL CONCERNS
Another important issue on college and university campuses
At time, racial tension can lead to violence
Can also result in protests
University of Missouri, Columbia MO
Can be an individual or group affected by issue
CAMPUS ISSUES: ALCOHOL AND OTHER
DRUGS
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 campus
Not expected for all to follow suit, though some others have
banned hard liquor in some areas of their campuses
CAMPUS ISSUES: GUNS
Texas
Passed bill permitting students and faculty to carry concealed
handguns on campus
So-called campus carry bills are controversial
Subject of state and national debate
Institutions permitted to establish rules and regulations concerning
such carry
May not be able to ban them in dorms and classrooms
FALSE IMPRISONMENT AND KIDNAPPING
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 crimes
Some do not define kidnapping as separate if committed incidental
to another crime
FALSE IMPRISONMENT
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 arrest
Only referred to unlawful confinement
KIDNAPPING
Restricting freedom of victim against his or her will
Required asportation of victim from his or her own country to
another under common law
Asportation
Removal from one place to another
Remains required element of kidnapping in most jurisdictions
Some statutes require victims be isolated in secret place
Others only require proof of intent to isolate victim
Some statutes define more than one degree of the crime
PARENTAL KIDNAPPING
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 kidnapping
Obligates states, under specified circumstances, to recognize child
custody determinations of other states
Problem with cases may be:
Locating parent who took child illegally
Prosecuting cases-lower courts disagree on issue
Ohio
Interference with custody statute
HATE CRIMES
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 1990
Congress called for collection of data on crimes involving bias
against persons
Amended in 1994 to include physical and mental disabilities and
2009 to add gender and gender identity and include data on crimes
against juveniles
All categories collected by FBI for its UCR
HATE CRIMES
Some jurisdictions do not have separate statutes
Prosecute under other statutes
Others follow federal statute
Some include gender
Statutes have been challenged in courts
Some have been voided as violating First Amendment right to free
speech
See Focus 6.5
STALKING
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 fear
May now be covered under statutes
Estimated 3.3 million persons age 18 or older subjected
to one or more stalking acts during 12-month period
STALKING
Statutes have been challenged in courts with some success
Florida
State Supreme Court affirmed appellate court upholding statute
Bouters v. State (Fla. 1995)
Ohio
Appeals court ruled statute is not vague or too broad
State v. Dario (Ohio App. 1995)
Kansas
Kansas Supreme Court held statute void for vagueness
State v. Bryan (Kan. 1996)
CYBERSTALKING
Stalking by use of a computer
Statutes are new and do not yet exist in some jurisdictions
California
Statute became effective on January 1, 1999
Constitutes amendment to state stalking statute
Data on crime difficult to compile
Prosecutions even more complicated
CYBERSTALKING
Reasons for problems
Some victims do not report
Agencies do not have resources to investigate and prosecute
Prosecution generally requires “credible threat”
Difficult to prove on Internet
Investigations and prosecutions difficult because of jurisdictional
issues
Examples of cases
BULLYING
Not a new act
Enhanced in recent years by Internet
Specific legislation is recent
Has been connected to suicides and other personal
tragedies
Massachusetts statute
See Focus 6.6
