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SC CRJU 314 - Sexual Battery
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Sexual Battery = “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.”Criminal Sexual Conduct: there are 4 general elements1. Has to be some sexual penetration – however slight2. The use of force or the threat of force (implied force)The ages of the perpetrator and the victim (child and 40 year old man).The size of the perpetrator and the victimThe mental conditions of the perpetrator and the victimPhysical setting of the assaultThe position of authority, dominion or custody the perpetrator had over the victimSometimes you don’t have to prove force or threat of force – If there was consent to do the deed – but they got the consent fraudulently (tricking her) then its not consent.Being tricked into believing you’re married to someone and it turns out your not. Waiting till marriagePerson who is consenting is a minor, mentally inefficient, or mentally insane – don’t have to prove force or threat of force3. The victim’s non consent – when two people get together and do the deed – it is presumed they are both consenting until the prosecution can prove that they weren’t consenting4. The intent to engage in sexual activity by force without the victim’s consentMost relationships occur between relationships that already existIn SC – 3 elements of criminal sexual conduct1. Criminal sexual conduct in the 1st degree – have to have a sexual battery, then have to have some aggravated force (physical force or violence at a high and aggravated nature) or the victim submits because there is a kidnapping or burglary involved (some kind of fear) or the defendant causes the victim without their consent to be incapacitated by intoxicating substances. Victim can be male and aggressor be female. Facing up to 30 years.2. Criminal sexual conduct in the 2nd degree – sexual battery, the actor uses aggravated coercion (not physical force) to accomplish the sexual battery (i.e. better do it with me or I’ll tell everyone you’ve had an abortion – ruining reputation). Facing up to 20 years.3. Criminal Sexual Conduct in the 3rd degree – sexual battery, force or coercion without any aggravating circumstances, or the defendant knew the victim was mentally incapacitated or physically helpless. Facing up to 10 years.Marital Rape Exception SC – at common law it was not a crime for a man to rape his wife. Because when a woman marries a man she has consented to having sex with him at his will. permitting the accusation of rape within marriages would allow women falsely claim crimes to get away of their husbands because they don’t like them. The intervention of criminal law into marital issues interferes with reconciliation. Now a man can be convicted of raping his wife – the prosecution has to prove these elements:If 1st the spouses are living apartBattery has to have been reported in 30 days and the facts of your case have to fit into 1st or 2nd degree of criminal sexual conductIf the spouses are living together then it is spousal sexual batteryCRJU 314 1nd Edition Lecture 8Outline of Last Lecture I. Fraud and Criminal Sexual ConductOutline of Current Lecture II. Sexual BatteryIII. Criminal Sexual Conducta. Four Elements IV. In South Carolina V. Marital Rape Exception in SCVI. Spousal Sexual Battery Current Lecture These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Sexual Battery = “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.” Criminal Sexual Conduct: there are 4 general elements1. Has to be some sexual penetration – however slight2. The use of force or the threat of force (implied force)- The ages of the perpetrator and the victim (child and 40 year old man). - The size of the perpetrator and the victim- The mental conditions of the perpetrator and the victim- Physical setting of the assault- The position of authority, dominion or custody the perpetrator had over the victim- Sometimes you don’t have to prove force or threat of force – If there was consent to do the deed – but they got the consent fraudulently (tricking her) then its not consent.o Being tricked into believing you’re married to someone and it turns out your not. Waiting till marriageo Person who is consenting is a minor, mentally inefficient, or mentally insane – don’t have to prove force or threat of force 3. The victim’s non consent – when two people get together and do the deed – it is presumed they are both consenting until the prosecution can prove that they weren’t consenting4. The intent to engage in sexual activity by force without the victim’s consent - Most relationships occur between relationships that already exist  In SC – 3 elements of criminal sexual conduct 1. Criminal sexual conduct in the 1st degree – have to have a sexual battery, then have to have some aggravated force (physical force or violence at a high and aggravated nature) or the victim submits because there is a kidnapping or burglary involved (some kind of fear) or the defendant causes the victim without their consent to be incapacitated by intoxicating substances. Victim can be male and aggressor be female. Facing up to 30 years. 2. Criminal sexual conduct in the 2nd degree – sexual battery, the actor uses aggravated coercion (not physical force) to accomplish the sexual battery (i.e. better do it with me or I’ll tell everyone you’ve had an abortion – ruining reputation). Facing up to 20 years. 3. Criminal Sexual Conduct in the 3rd degree – sexual battery, force or coercion without any aggravating circumstances, or the defendant knew the victim was mentally incapacitated or physically helpless. Facing up to 10 years.  Marital Rape Exception SC – at common law it was not a crime for a man to rape his wife. Because when a woman marries a man she has consented to having sex with him at his will. permitting the accusation of rape


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SC CRJU 314 - Sexual Battery

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