ADJUS-121 Lecture Notes - Lecture 20: Model Penal Code, Marital Rape, Sexual Intercourse

• School: Diablo Valley College
• Department: Administration Of Justice
• Course: ADJUS-121
• Professor: Tiles

Document Summary

Common law: force sexual intercourse, by a man on a woman not his spouse. The majority of jurisdictions have concluded that the mental state of rape is recklessness. Sexual intercourse or deviant sexual activity will constitute a crime, though in some jurisdictions the crime of rape still requires sexual intercourse. Half of jurisdictions allow for spousal rape. Model penal code does not allow for spousal rape. (would be nearly impossible to prove. ) Common law: the intentional or reckless application of force to the person of another that results in physical harm or an offensive touching. Most jurisdictions have divided batteries into degrees determined by the status of the victim, the result, the mental state, and whether or not a weapon was used. An intentionally placing another in reasonable apprehension of bodily harm. Merger: a defendant cannot be convicted of both assault and battery.