ADMJ 103 Lecture Notes - Lecture 24: Cunnilingus, Jury Instructions, Fellatio

• School: GCC
• Department: Administration Of Justice
• Course: ADMJ 103
• Professor: potter

Document Summary

Mpc expands conduct that can constitute rape (oral and anal) Rape by stranger or with injury is 1st degree. Focus is on "s conduct, not victim"s lack of consent (i. e. , proof of resistance not required) Broader definition of rape includes violence directed at 3rd person , threat to kidnap, etc. ~ Broader definition of force (v is unconscious; v under influence of drugs) Broader range of sexual activity (fellatio, cunnilingus, and object rape) Rename: sexual assault or sexual criminal conduct. Concept of consent is eliminated: focus on "s conduct, not v"s sexual history. Due process requires the prosecutor to persuade the trier of fact beyond a reasonable doubt of every fact necessary to constitute the crime charged. Burden of pleading - starts the proceedings. Burden of production - quantum of evidence (beyond reasonable doubt) that a party must present to get the issue before the factfinder. Burden of persuasion factfinder must decide issues presented by the evidence.