This topic contains a solution. Click here to go to the answer

Author Question: Explain how the definition of rape has evolved over time. What will be an ideal ... (Read 33 times)

KimWrice

  • Hero Member
  • *****
  • Posts: 579
Explain how the definition of rape has evolved over time.
 
  What will be an ideal response?

Question 2

Describe the major differences between stalking and cyberstalking
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

potomatos

  • Sr. Member
  • ****
  • Posts: 338
Answer to Question 1

Answer: The common law crime of rape entailed the forcible sexual intercourse (carnal knowledge) with a woman. However, a man could not be charged with raping his wife, and even some modern statutes included the term not the spouse of the offender as an element of the offense. The Model Penal Code and some states recognize a partial spousal rape exception for spouses who are living together. For the exception not to apply, the couple must be legally separated. Also, the crime requires penetration, however slight, by the male penis with the female vagina. Compare statutory language in your jurisdiction for elements of the offense. The force needed to commit the crime of rape does not need to be overtly physical or brutal. The force needed is that which is sufficient to overcome the will of the victim, and is relative to the respective age, size, strength, influence, and even relationship between the parties. The element of force directly relates to the requirement that the act take place against the will of the victim. Thus, although the will of the victim may be overcome by force or the threat of force in varying degrees, this may necessarily lead to issues of proof for the prosecution. Consent, unless the victim is incapable of giving consent, is usually a complete defense to the crime. That consent cannot be the product of force, threat of force, or anything that vitiates the product of a free will by the victim, such as a drug-induced state. A victim is incapable of giving consent if unconscious, intoxicated, mentally incapacitated, or has not reached the age of majority or that age defined by the legislature as being capable of giving consent. A minor cannot give consent to sexual activity, and such an offense constitutes the crime of statutory rape. In many jurisdictions this is a strict liability offense.

Answer to Question 2

Answer: The following must be in the answer:
a. Stalking usually requires the perpetrator and the victim to be located in the same geographic area; cyberstalking may be locate across the street or across the country.
b. Electronic communication technologies make it much easier for a cyberstalker to encourage third parties to harass or threaten a victim.
c. Electronic communication technologies also lower the barriers to harassment and threats; a cyberstalker does not need to physically confront the victim.




potomatos

  • Sr. Member
  • ****
  • Posts: 338

 

Did you know?

Parkinson's disease is both chronic and progressive. This means that it persists over a long period of time and that its symptoms grow worse over time.

Did you know?

The human body's pharmacokinetics are quite varied. Our hair holds onto drugs longer than our urine, blood, or saliva. For example, alcohol can be detected in the hair for up to 90 days after it was consumed. The same is true for marijuana, cocaine, ecstasy, heroin, methamphetamine, and nicotine.

Did you know?

Acetaminophen (Tylenol) in overdose can seriously damage the liver. It should never be taken by people who use alcohol heavily; it can result in severe liver damage and even a condition requiring a liver transplant.

Did you know?

The human body produces and destroys 15 million blood cells every second.

Did you know?

On average, the stomach produces 2 L of hydrochloric acid per day.

For a complete list of videos, visit our video library