Chapter 12 Sexual Relations Nonmarital Became Crime The United

subject Type Homework Help
subject Pages 13
subject Words 1669
subject Authors Terry M. Anderson, Thomas J. Gardner

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True / False
1. Most states divide sexual assault into two or more degrees.
a. True
b. False
2. It is a defense to the charge of statutory rape that the defendant reasonably believed the person was not a minor.
a. True
b. False
3. Pimping includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.
a. True
b. False
4. The Child Online Protection Act has been found unconstitutional by a Circuit Court of Appeal, and the Supreme
Court has denied review of that decision.
a. True
b. False
5. Under rape shield laws at trial rape victims do not have to defend their reputations or past sexual conduct with
persons other than the defendant.
a. True
b. False
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6. Members of either sex may be convicted of pimping for prostitution.
a. True
b. False
7. The U.S. Supreme Court has held that the 1996 Child Pornography Prevention Act was unconstitutional because
itfailedtoclearlyidentifywhatconstituted“indecent”or“patentlyoffensive”material.
a. True
b. False
8. Aggravated rape is handled the same in all states.
a. True
b. False
9. Sexual touching laws often require a showing that the conduct was intended to arouse sexual desire.
a. True
b. False
10. The U.S. Supreme Court has stated that pedophilia is not a basis for civil commitment.
a. True
b. False
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Multiple Choice
11. Sexual relations (nonmarital) became a crime in the United States for all of the following reasons except
a. there is a lack of consent
b. they are with a minor incapable of legally consenting
c. they are with a mentally deficient person or an adult incapable of consenting
d. if they are considered adults
12. Sexual relations (nonmarital) became a crime in the United States if
a. they are performed in public
b. they are performed for profit
c. they are between a therapist and a patient and in violation of the laws of that state
d. All of these choices
13. The National Institute of Justice defines rape as which of the following types of penetration achieved through the
use of force or threat of force except
a. vaginal
b. oral
c. anal
d. cleavage
14. What is the name of the crime in which people of the same family have sex?
a. rape
b. sexual assault
c. sexual battery
d. incest
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15. Rule 412 of the Federal Rules of Evidence is an example of a
a. rape shield law
b. sexual predator law
c. child pornography law
d. prostitution law
16. Rule 412 of the Federal Rules of Evidence provides that in a criminal trial of a sexual assault charge, evidence (1)
offeredtoprovethevictimengagedinothersexualbehavior,or(2)offeredtoprovethevictim’ssexual
predisposition, is
a. inadmissible
b. admissible
c. inflammatory
d. defensible
17. Whichofthefollowingisnotoneoftheexemptionstorapeshieldlaw’sprohibitions?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or
other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. evidenceofferedtoprovethevictim’ssexualpredisposition
18. Under the rape shield laws enacted in most states
a. defendants convicted of rape are sentenced to life in prison
b. the rape victim can submit a written statement instead of testifying at trial
c. the victim may have an advocate present with them at trial
d. arapevictim’spastsexualconductwithpeopleotherthanthedefendantmaynotbeusedattrial
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19. Rape shield laws were enacted to
a. encourage the reporting of sexual assaults
b. make it easier to obtain convictions for rape
c. make it easier to obtain convictions for rape and encourage the reporting of sexual assaults
d. make it more difficult to obtain convictions for rape and discourage the reporting of sexual assaults
20. Which of the following are exceptions to the rape shield laws?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or
other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. All of these choices
21. In most states, honest mistake as to the age of the minor in a statutory rape case
a. is a well-recognized defense
b. is not permitted as a defense
c. is permitted as a defense as long as the child gave consent
d. None of these choices
22. In State v. Baker, the Iowa Supreme Court permitted a defendant in a rape case to offer evidence that the victim
had in the past made false rape claims against others. Since such evidence is not about past sexual behavior, the
court held the rape shield law
a. inapplicable
b. invalid
c. applicable
d. valid
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23. Sexual intercourse with a minor female under the age stated by the criminal code, who is not the wife of a
perpetrator is the definition of what crime?
a. statutory rape
b. incest
c. assault
d. battery
24. Which of the following is a basis for civil commitment of a sexual predator?
a. pedophilia
b. sociopathy
c. schizophrenia
d. psychosis
25. Because the goal of the commitment was to furnish treatment to the sex offender, rather than punish him for
criminal conduct, it is generally held that these civil commitments do not violate the
a. Double Jeopardy Clause or Ex Post Facto Clause of the U.S. Constitution
b. Double Jeopardy Clause of the U.S. Constitution.
c. Ex Post Facto Clause of the U.S. Constitution.
d. None of these choices
26. Once civilly committed, many sex offenders are
a. never released
b. released within a year
c. returned to prison
d. released after they are deemed cured
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27. Which of the following is NOT considered prostitution?
a. engaging in sexual relations with another person for a fee
b. offering to engage in sexual relations with another person for a fee
c. requesting to pay a fee to another person for sexual services
d. engaging in sexual relations with a spouse
28. Persons who procure customers for and provide assistance to prostitutes are called
a. procurers
b. pimps
c. facilitators
d. assistors
29. The owner of a hotel who rented out rooms, knowing that rooms were being used for prostitution, could
a. not be convicted of solicitation for this conduct alone
b. be convicted of solicitation for this conduct alone
c. not be convicted of solicitation if he or she were married
d. be convicted of solicitation if he or she were married
30. A defendant could be convicted of pimping for prostitution by proof that the defendant
a. lived off the earnings of a person known by the defendant to be a prostitute
b. supported the defendant and knew she was a prostitute
c. lived with the defendant and knew she was a prostitute
d. was married to the defendant and knew she was a prostitute
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31. The Communications Decency Act passed by Congress in 1996, was found to be unconstitutional because it
violated which amendment to the U.S. Constitution?
a. the 1st Amendment
b. the 2ndAmendment
c. the 4th Amendment
d. the 5th Amendment
32. Most statutes regarding the offense of sexual touching require the state to prove the touching was intentional, non-
consensual, and
a. involved adults
b. was done for commercial gain
c. wasdonetoarouseorgratifyone’ssexualdesire
d. was obscene
33. What is the stated purpose of the Prison Rape Elimination Act of 2003?
a. to provide the means and funds to reduce the incidence of sexual assaults in prisons in the United States
b. to provide the means to reduce the incidence of sexual assaults in prisons in the United States
c. to provide the funds to reduce the incidence of sexual assaults in prisons in the United States
d. None of these choices
34. What child pornography legislation was passed by Congress to eliminate the problems in earlier legislation?
a. the Communications Decency Act
b. the Child Pornography Prevention Act
c. the Child Online Protection Act
d. None of these choices
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35. In ACLU v. Gonzales, a federal judge held that the Child Online Protection Act statute was unconstitutional
because it
a. did not use the least restrictive means to achieve the desired result
b. was overbroad
c. failed to meet the reasonableness standard
d. violated the 1st Amendment
36. Most states divide sexual assault into
a. two or more degrees
b. three or more degrees
c. four or more degrees
d. five or more degrees
37. Which of the following factors is not capable of increasing the degree of sexual assault?
a. force used
b. a weapon used
c. bodily injury inflicted
d. if subterfuge, tricks, or drugs were involved
38. All of the following are true of the Child Online Protection Act (COPA) except
a. was enacted by Congress in 1998
b. prohibits commercial Internet communication that is harmful to minors
c. was attacked as unconstitutional
d. it affects state enforcement of child exploitation laws
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39. What kind of intent is required for the crime of statutory rape?
a. no specific intent is required
b. specific intent is required
c. real intent is required
d. harmful intent is required
40. Civil commitment is permissible only if it can be shown the person is a dangerous sexual predator who poses a
substantial threat to commit sexual offenses in the future, and
a. that the person cannot control his behavior
b. that the person represents a risk to minors
c. that the person has a history of violent behavior
d. that the person has at last three prior charges
41. In the United States, one out of every ___ women has experienced either rape or attempted rape at some time in
her life.
a. two
b. four
c. six
d. eight
42. The reasons given for failure to report a rape or attempted rape include all of the following except
a. fear of retaliation by the offender
b. too ashamed or embarrassed
c. not a police matter
d. did not know rape was a crime
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43. Physical evidence or witness testimony other than from the victim that supports the claim that a crime occurred is
called
a. corroborative evidence
b. uncorroborative evidence
c. substantiated evidence
d. usubstantiated evidence
44. Studies show that women who resist decrease the odds of completed rape by 80 percent,
a. but the chance of physical injury also increases
b. but it is harder it get a conviction
c. and it is easier to get a conviction
d. but often resisting is what excites the rapist
45. In many states the prosecution was required to prove force ____ the victim to engage in the sexual acts
a. ordered
b. induced
c. compelled
d. demanded
46. HIV is the virus that causes
a. AIDS
b. herpes
c. lupus
d. syphilis
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47. Actions taken to provide services of a prostitute is called
a. procuring
b. promoting
c. pimping
d. All of these choices
48. The federal law which prohibits sex trafficking in interstate commerce is called the
a. 2000 Trafficking Victim Protection Act
b. Mann Act
c. Anti-pimping Act
d. Illegal Commerce Act
49. The terms upskirting and downblousing describe offenses that are charged under ____ statutes.
a. invasion of privacy
b. community standards
c. sexual assault
d. statutory rape
50. Which is not an example of video voyeurism and/or invasion of privacy?
a. secretly recording women taking showers
b. taping sexual encounters of women without their knowledge
c. recording women for the purpose of sexual arousal
d. watching nude dancers at an adult club
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Samantha went on a date with Chad, but the next morning realized she had no memory much of the evening. She
had only a few sips of the one drink she ordered, but her memory fades soon after. She's suspicious and fears she
may be a victim of a sexual assault.
51. Samantha may have been a victim of
a. acquaintance rape
b. forcible rape
c. friendship rate
d. date rape
52. Samantha may have ingested a "date rape" drug. Once she arrives at the emergency room, she should do which
of the following?
a. have the doctor's look for signs of a struggle
b. look for bruises
c. look for incriminating DNA under her fingernails
d. have her urine tested
53. Samantha's date is arrested and during the trial his lawyer attempts to bring up Samantha's sexual history but is
forbidden from doing so based on
a. a time delay
b. rules of evidence
c. look for incriminating DNA under her fingernails
d. rape shield laws
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54. The defendant's lawyer argues that there was no rape based on
a. the absence of evidence of force
b. the two were on a date
c. Samantha's implied consent
d. Samantha's consent
Joe is driving in an area of town where prostitutes are known to frequent. Before long, he observes a woman
dressed suggestively and waving at cars. He pulls over and begins a conversation with her. They agree to a price in
exchange of sexual favors. Joe is later arrested by the police.
55. Joe was arrested for ____ the services of a prostitute.
a. procuring
b. promoting
c. pimping
d. enabling
56. If the prostitute Joe had sex with was a minor, Joe would also have been charged with
a. statutory rape
b. incest
c. rape
d. voyeurism
57. If Joe was had crossed state lines with the prostitute, then which federal law would have applied?
a. 2000 Trafficking Victim Protection Act
b. Sexual Services Act
c. Anti-pimping Act
d. Illegal Commerce Act
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58. Joe is convicted and sentenced to jail. After completion of his sentence, he must register as a
a. sex offender
b. sociopath
c. rapist
d. convicted felon
59. The requirement that Joe register with state and local authorities is a result of
a. Megan's Law
b. the Mann Act
c. 2000 Trafficking Victim Protection Act
d. Child Pornography Prevention Act
60. Joe argues on appeal that the video contained no real children, just likenesses. His appeal would be
a. rejected, because virtual child pornography is illegal
b. rejected, because of the high quality of the video
c. rejected, because of the poor quality of the video
d. accepted, because virtual child pornography is not illegal
61. Under some rape statutes, it must be shown that the victim had a genuine and real fear that ____________ force
would be used.
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62. Most states divide sexual assault into two or more ____.
63. Rape ___ lawsprohibitquestioningofarapevictimifthepurposeofthequestionsistoexposethevictim’s
previous sexual history.
64. Beforerapeshieldlaws,avictim’s__________wasdeemed“fairgame”bydefenselawyers.
65. One of the purposes of statutory rape laws is the prevention of illegitimate _________.
66. In most states forbidding statutory rape, a child cannot ___________ to having sexual intercourse with the
defendant.
67. Statutory rape requires no specific ____ to have sex with a minor.
68. _____ includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.
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69. A majority of states and the federal government do not require __________ as an element of the crime of child
pornography.
70. Touchingaprivatepartofanotherperson’sbodycouldbe(nameanyofthethreecircumstances).
71. Anal, vaginal, or oral penetration by force or threat of force is the definition of ____.
72. Physical evidence or witness testimony other than from the victim that supports the claim that a crime occurred is
called _____ evidence.
73. ____ consists of movies, pictures, writings, and other expressions that are intended to arouse sexual incitement
and have no artistic merit or redeeming social value
74. Buying, selling, or transporting child pornography or inducing, coercing, or kidnapping a minor for the purposes of
producing child pornography is called _____.
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75. The areas of questioning of a sexual assault victim are prohibited by ____ laws.
76. Explain why states have enacted rape shield laws and what protections they provide. What exceptions exist to
these laws?
77. What are the two exceptions to the rape shield laws and what is their purpose?
78. What is the mens rea requirement for a conviction of statutory rape? Explain.
79. What are the conditions that must be shown for a civil commitment of a sexual predator?
80. What are the reasons child pornography laws have been found unconstitutional? Explain the difficulty of drafting
child pornography laws that are constitutional.
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81. Who may be criminally charged, and for what activity, involving prostitution?
82. What are the degrees of sexual assault? What conduct is required for each degree?
83. What legitimate interest does the government have in keeping children away from sexual conduct?
84. Discuss the current status of federal acts such as the Child Online Protection Act.
85. Describe the state of sexual relations in the United States today.

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