Instructor’s Resource Manual with Test Bank
Chapter 10 Test Bank
Crimes Against Persons II: Criminal Sexual Conduct, Bodily Injury, and
Personal Restraint
MULTIPLE CHOICE
1. There are __ types of crimes against persons.
a.
two
b.
three
c.
four
d.
five
2. One of the most critical problems in sex offenses is to distinguish flirting and
seduction from?
a.
sexual assault
b.
assault
c.
stalking
d.
kidnapping
3. Rape shield statutes
a.
limit evidence of the victim’s reputation or past sexual conduct.
b.
provide for the death penalty for rape.
c.
prohibit cross examination of the rape victim.
d.
protect the defendant from prejudicial pretrial publicity.
4. Since the 1970s, rape laws have been reformed by
a.
the creation of the marital exception.
b.
limiting the offense to vaginal penetration.
c.
eliminating or moderating the prompt reporting rule.
d.
eliminating the non-consent element.
5. Many recent rape statutes have modified the common law by
a.
eliminating the marital rape exception.
b.
including sexual intercourse in the actus reus.
c.
lowering the burden of proof to preponderance of the evidence.
d.
making rape a vicarious liability crime.
Chapter 10: Crimes Against Persons II:
Criminal Sexual Conduct, Bodily Injury, and Personal Restraint
6. Rape law reforms since the 1970s have
a.
expanded a defendant’s ability to present evidence about the victim.
b.
repealed rape shield statutes.
c.
repealed gender neutral rape laws.
d.
included additional types of sexual penetration.
7. The vast majority of rape victims are raped by
a.
strangers.
b.
spouses.
c.
men between twenty and thirty years of age.
d.
men they know.
8. Force beyond that required to complete sexual penetration or contact is
a.
not always required to satisfy the force requirement in rape.
b.
always required to satisfy the force requirement in rape.
c.
never required to satisfy the force requirement in rape.
d.
required to satisfy the force requirement in rape ninety percent of the time.
9. What kind of crime is rape?
a.
strict liability
b.
vicarious liability
c.
specific intent
d.
general intent
10. Statutory rape is what kind of crime in most states?
a.
strict liability
b.
vicarious liability
c.
specific intent
d.
general intent
11. To satisfy the threat-of–force requirement in a sexual assault trial, the prosecution must
show that the victim honestly feared imminent and serious harm and
a.
there is corroboration of the assault.
b.
the attacker brandished a weapon.
c.
the victim resisted the threat.
d.
the victim’s fear was reasonable under the circumstances.
Instructor’s Resource Manual with Test Bank
12. Kidnapping and false imprisonment both violate what right?
a.
the right of locomotion
b.
the right of freedom of movement
c.
the right of transformation
d.
the right of freedom from penetration
13. In Regina v. Morgan (1975), Britain’s highest court held that the defendants were not
guilty of rape because they
a.
reasonably believed the victim has consented.
b.
reasonably believed the victim was older than she really was.
c.
did not inflict serious bodily injury on the victim.
d.
were entrapped into the crime because the victim was a government-paid
prostitute.
14. Which crime of rape involves an adult having sex with a child, even if the child
consented?
a.
forcible
b.
common law
c.
minority
d.
statutory
15. What crime is second only to murder in being regarded as the most serious crime?
a.
rape
b.
kidnapping
c.
stalking
d.
frotteurism
16. In states that recognize the defense of “reasonable mistake of age” in statutory rape
prosecutions, what is the mens rea with regard to the circumstance of age?
a.
intent
b.
purpose
c.
knowing
d.
negligence
Chapter 10: Crimes Against Persons II:
Criminal Sexual Conduct, Bodily Injury, and Personal Restraint
17. Most state statutes classify sexual assaults where the victim suffers serious bodily
harm, as
a.
simple rape.
b.
aggravated assault.
c.
aggravated rape.
d.
attempted murder.
18. A battery is an unjustified
a.
unwanted and unjustified offensive touching.
b.
unwanted and unjustified offensive assault.
c.
assault.
d.
aggravated assault.
19. An assault is basically either a threatened or attempted
a.
rape.
b.
mayhem.
c.
aggravated battery.
d.
battery.
20. In the 1970s and 80s many states abolished what rule that required prosecution to back
up rape victims’ testimony with that of other witnesses?
a.
the false witness rule
b.
the corroboration rule
c.
the second witness rule
d.
the best witness rule
21. Sexual assault statutes have shifted the emphasis
a.
away from whether there was consent by the victim to the unwanted advances by
the perpetrator.
b.
away from the unwanted advances by the perpetrator to whether there was consent
by the victim.
c.
to whether the victim knew the perpetrator or not.
d.
to the intentions of the perpetrator.
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22. In most jurisdictions, rape today includes ___ elements.
a.
three
b.
two
c.
four
d.
five
23. Domestic violence crimes have been transformed from a private concern to a criminal
justice problem since what decade?
a.
since the early 1970s
b.
since the early 1960s
c.
since the early 1980s
d.
since the early 1990s
24. Tricking the victim into believing the act she consented to wasn’t sexual intercourse is
known as
a.
fraud in the fact.
b.
corroboration in the fact.
c.
fake in the fact.
d.
phony in the fact.
25. Under the Model Penal Code, a person who knowingly aims a firearm at or in the
direction of another person has committed
a.
an aggravated assault.
b.
a misdemeanor assault.
c.
a negligent assault.
d.
a felony.
26. The crime of stalking
a.
was recognized by the common law.
b.
has been enacted in only a few states.
c.
was first enacted in California in 1990.
d.
only protects famous people who are staked by their fans or enemies.
Chapter 10: Crimes Against Persons II:
Criminal Sexual Conduct, Bodily Injury, and Personal Restraint
27. Why are rape and other sexual assaults different from all other felonies?
a.
because under other circumstances, the behaviors connected with them are legal,
healthy and desired
b.
because under other circumstances, the behaviors connected with them are legal
c.
because under other circumstances, the behaviors connected with them are healthy
d.
because under other circumstances, the behaviors connected with them are desired
28. What fear test have most states adopted from the Model Penal Code to evaluate the
harm caused to the stalking victim?
a.
subjective and objective
b.
subjective
c.
objectively reasonable
d.
objective
29. What crime is it when a person uses the internet, email, or other electronic
communication devices to stalk another person?
a.
misdemeanor stalking
b.
attempted assault
c.
cyber-stalking
d.
cyber-assault
30. Asportation is one of the elements of kidnapping. Asportation means
a.
confining.
b.
suffocating.
c.
restraining.
d.
carrying away.
31. At common law, kidnapping consisted of how many elements?
a.
three
b.
four
c.
five
d.
six
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32. Modern interpretations of the asportation actus reus in the crime of kidnapping
a.
hold that the victim must be carried several miles away from the place where he or
she was seized.
b.
require that the victim be taken across county lines.
c.
have made the requirement virtually meaningless.
d.
have been removed from most statutes.
33. What kind of crime is false imprisonment?
a.
strict liability
b.
vicarious liability
c.
specific intent
d.
inchoate
34. How have modern court opinions changed the strict definitions of rape, and sexual
assault, or criminal sexual conduct?
a.
modern court opinions have relaxed the strict definitions of rape, and sexual
assault, or criminal sexual conduct
b.
modern court opinions have tightened the strict definitions of rape, and sexual
assault, or criminal sexual conduct
c.
modern court opinions have negated the strict definitions of rape, and sexual
assault, or criminal sexual conduct
d.
modern court opinions have not changed the strict definitions of rape, and sexual
assault, or criminal sexual conduct
35. Domestic violence crimes since the early 1970s have been transformed from a private
concern to a
a.
criminal justice problem.
b.
mental health problem.
c.
social services problem.
d.
legislative problem.
TRUE/FALSE
1. Modern court opinions have relaxed the strict definitions of rape.
a. true
b. false
Chapter 10: Crimes Against Persons II:
Criminal Sexual Conduct, Bodily Injury, and Personal Restraint
2. Rape law reform began seriously in the 1970s.
a. true
b. false
3. The vast majority of rape victims are raped by strangers.
a. true
b. false
4. Most states have passed rape shield statutes.
a. true
b. false
5. Modern statutes and the Model Penal Code make most simple assaults a felony.
a. true
b. false
6. Stalking, although an ancient practice, is a new crime.
a. true
b. false
7. False imprisonment is a lesser form of personal restraint than kidnapping.
a. true
b. false
8. Conditional threats to a victim are sufficient to establish the crime of assault.
a. true
b. false
Instructor’s Resource Manual with Test Bank
9. One difference between false imprisonment and kidnapping is that false imprisonment
requires asportation of the victim.
a. true
b. false
10. The crime of rape was once punishable by death.
a. true
b. false
11. Crimes against persons boil down to four types.
a. true
b. false
12. Common law rape required both lack of consent and force or threat of force.
a. true
b. false
13. Voluntary and knowing consensual sexual behavior between two adults is legal,
healthy and desired.
a. true
b. false
14. Over time, the utmost resistance standard in rape cases has been replaced by a
reasonable resistance standard.
a. true
b. false
15. Rape is a general-intent crime.
a. true
b. false
Chapter 10: Crimes Against Persons II:
Criminal Sexual Conduct, Bodily Injury, and Personal Restraint
16. Statutory rape is a strict liability crime in most states.
a. true
b. false
17. Assault and battery are the same crime.
a. true
b. false
18. The intrinsic force standard requires more force than the extrinsic force standard.
a. true
b. false
19. Domestic violence crimes have always been a criminal justice problem.
a. true
b. false
20. Most states allow the defense of reasonable mistake of age in statutory rape cases.
a. true
b. false
COMPLETION
1. That voluntary and knowing sexual behavior between two adults is
legal, healthy and desired.
2. From the 1800s until the 1950s, the utmost standard prevailed.
Instructor’s Resource Manual with Test Bank
3. Rape ____________ statutes limit defense evidence about a rape victim’s past.
4. The ____________ standard in a sexual assault case requires force in addition to the
force needed to accomplish penetration.
5. ________________ violence crimes since the early 1970s has been transformed from
a private concern to a criminal justice problem.
6. The only two sex offenses at common law were rape and ____________.
7. In a few jurisdictions, mistake of fact with regard to the victim’s ____________ is a
defense to statutory rape.
8. At common law and most jurisdictions, simple assaults are classified as
____________.
9. Kidnapping and false imprisonment violate the right of .
Chapter 10: Crimes Against Persons II:
Criminal Sexual Conduct, Bodily Injury, and Personal Restraint
10. Kidnapping differs from false imprisonment in that for the actus reus, only kidnapping
requires ____________.
ESSAY
1. Discuss, compare, and contrast kidnapping and false imprisonment.
2. Discuss the crime of stalking and stalking laws. Be sure to include how stalking first
became a crime, the actus reus of stalking and how stalking statutes vary.
Instructor’s Resource Manual with Test Bank
3. Over time, how has the law of rape changed with regard to force and consent?
4. Explain the difference between extrinsic and intrinsic force in regards to rape actus
reus. Discuss the importance of the facts in each case in applying the extrinsic and
intrinsic force requirements to acquaintance rape.
5. How has the law of rape and rape prosecutions changed over the years?