Deck 12: Sexual Assault, Rape, Prostitution, and Related Sex Crimes

Question 1

The US 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.

Answer 1

True

Question 2

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.

Answer 2

True

Question 3

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.

Answer 3

A

Question 4

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 at trial.
D)a rape victim's past sexual conduct with people other than the defendant may not be used at trial.

Question 5

Most states divide sexual assault into two or more degrees.

Question 6

Sexual touching laws often require a showing that the conduct was intended to arouse sexual desire.

Question 7

People of the same family having sex is the crime of:

A)rape.
B)sexual assault.
C)sexual battery.
D)incest.

Question 8

Aggravated rape is handled the same in all states.

Question 9

The National Institute of Justice defines rape as _____ penetration achieved through the use of force or threat of force:

A)vaginal, oral or cleavage
B)oral, cleavage or anal ​
C)anal, oral or cleavage
D)vaginal, oral or anal

Question 10

Evidence ______ is not an exemption to the rape shield laws' prohibitions.

A)of specific sexual behavior of the victim offered to prove another person was the source of semen or other physical evidence
B)of specific past sexual contact between the victim and the accused, if offered to prove consent,
C)the exclusion of which would violate the constitutional rights of the accused
D)offered to prove the victim's sexual predisposition

Question 11

______ is not an exception to the rape shield laws.

A)Evidence of specific sexual behavior of the 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)The First Amendment right of the press to report

Question 12

It is a defense to the charge of statutory rape that the defendant reasonably believed the person was not a minor.

Question 13

Sexual relations (nonmarital) does not become a crime in the United States if:

A)there is a lack of consent.
B)sex is with a minor incapable of legally consenting.
C)sex is with a mentally deficient person or an adult incapable of consenting.
D)sex is between adults.

Question 14

Members of either sex may be convicted of pimping for prostitution.

Question 15

Pimping includes not only securing clients for a prostitute, but also living off the prostitute's illegal earnings.

Question 16

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.

Question 17

The US Supreme Court has stated that pedophilia is not a basis for civil commitment.

Question 18

Sexual relations (nonmarital) becomes a crime in the United States if:

A)sex is performed in public.
B)sex is performed for profit.
C)sex is between a therapist and a patient and in violation of the laws of that state.
D)All of these choices.

Question 19

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.

Question 20

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.

Question 21

Statutory rape requires:

A)no specific intent.
B)specific intent.
C)real intent.
D)harmful intent.

Question 22

​ In Perry v. Commonweath , the Kentucky 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.

Question 23

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 First Amendment.

Question 24

A factor that does not increase the degree of sexual assault is:

A)infecting the victim with AIDS.
B)using a deadly weapon.
C)inflicting bodily injury.
D)using subterfuge, tricks, or drugs.

Question 25

Which of the following statements is not true of the Child Online Protection Act (COPA)?

A)It was enacted by Congress in 1998.
B)It prohibits commercial Internet communication that is harmful to minors.
C)It was attacked as unconstitutional.
D)It affects state enforcement of child exploitation laws.

Question 26

______ 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

Question 27

Because the goal of civil commitment of a sex offender is to furnish treatment to the sex offender, rather than punish him or her 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 US Constitution.
B)Double Jeopardy Clause of the US Constitution.
C)Ex Post Facto Clause of the US Constitution.
D)None of these choices.

Question 28

In Todd's rape trial, his defense attorney attempted to offer evidence of previous sexual encounters with the alleged victim, in order to show that she also consented this time. This evidence:

A)may be admitted under the rape shield laws because it has such probative value.
B)may be admitted under the rape shield laws because it is extremely relevant to the current case.
C)may not be admitted under the rape shield laws.
D)may be admitted under the rape shield laws only if the victim is advised in advance of the testimony.

Question 29

The ______ was passed by Congress to eliminate the problems in earlier legislation.

A)Communications Decency Act
B)Child Pornography Prevention Act
C)Child Online Protection Act
D)Child Decency Act

Question 30

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.

Question 31

______ is a basis for civil commitment of a sexual predator.

A)Pedophilia
B)Sociopathy
C)Schizophrenia
D)Psychosis

Question 32

Sexual intercourse with a minor female under the age stated by the criminal code, who is not the wife of a perpetrator, is the crime of:

A)statutory rape.
B)incest.
C)assault.
D)battery.

Question 33

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)is the only permissible defense.

Question 34

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 that the person:

A)cannot control his behavior.
B)represents a risk to minors.
C)has a history of violent behavior.
D)has at last three prior charges.

Question 35

18 U.S.C. § 2422(b) makes it a crime, punishable by 10 years in prison, to use a communication to entice an individual under 18 years old to engage in sexual activity if such activity could be charged as "a criminal offense" under federal or state law. This is known as:

A)the Federal Internet Trafficking Statute.
B)Megan's Law.
C)the Federal Enhancement Statute.
D)the Federal Enticement Statute.

Question 36

Most statutes regarding the offense of sexual touching require the state to prove the touching was intentional, nonconsensual, and:

A)involved adults.
B)was done for commercial gain.
C)was done to arouse or gratify one's sexual desire.
D)was obscene.

Question 37

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.

Question 38

Nude home photos of minor family members can result in prosecution and conviction:

A)only if they are distributed to third parties.
B)even if they are not distributed to third parties.
C)only if the minor did not know he or she was being photographed.
D)never; family photos are a private matter not regulated by the court.

Question 39

The Communications Decency Act passed by Congress in 1996 was found to be unconstitutional because it violated the ______ Amendment to the US Constitution.

A)First
B)Second
C)Fourth
D)Fifth

Question 40

Persons who procure customers for and provide assistance to prostitutes are called:

A)procurers.
B)pimps.
C)facilitators.
D)assistors.

Question 41

Samantha went on a date with Chad, but the next morning realized she had no memory of 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.

A)The defendant's lawyer argues that there was no rape based on:
B)the absence of evidence of force.
C)the two were on a date.
D)Samantha's implied consent.
E)Samantha's consent.

Question 42

______ 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

Question 43

Actions taken to provide services of a prostitute is called all of the following except:

A)procuring.
B)promoting.
C)pimping.
D)eliciting.

Question 44

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

Question 45

Samantha went on a date with Chad, but the next morning realized she had no memory of 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.

A)Samantha may have ingested a "date rape" drug. Once she arrives at the emergency room, the doctor should:
B)look for signs of a struggle.
C)look for bruises.
D)look for incriminating DNA under her fingernails.
E)have her urine tested.

Question 46

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 for sexual favors. Joe is later arrested by the police.

A)Joe is convicted and sentenced to jail. After completion of his sentence, he must register as a:
B)sex offender.
C)sociopath.
D)rapist.
E)convicted felon.

Question 47

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 for sexual favors. Joe is later arrested by the police.

A)The requirement that Joe register with state and local authorities as a sex offender is a result of:
B)Megan's Law.
C)the Mann Act.
D)2000 Trafficking Victim Protection Act.
E)Child Pornography Prevention Act.

Question 48

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.

Question 49

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

Question 50

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 for sexual favors. Joe is later arrested by the police.

A)Most state statutes:
B)do not include the buttocks as an intimate part of a person's body.
C)are silent as to whether buttocks are an intimate part of a person's body.
D)leave the issue of whether the buttocks are an intimate part of a person's body to the discretion of the prosecuting attorney.
E)include the buttocks as an intimate part of a person's body.

Question 51

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 for sexual favors. Joe is later arrested by the police.

A)If Joe had crossed state lines with the prostitute, he would have violated the: ​
B)2000 Trafficking Victim Protection Act.
C)Sexual Services Act.
D)Anti-Pimping Act.
E)Illegal Commerce Act.

Question 52

Samantha went on a date with Chad, but the next morning realized she had no memory of 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.

A)Samantha may have been a victim of:
B)acquaintance rape.
C)forcible rape.
D)friendship rate.
E)date rape.

Question 53

The reasons given for failure to report a rape or attempted rape do not include:

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.

Question 54

Samantha went on a date with Chad, but the next morning realized she had no memory of 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.

A)Samantha's date is arrested. During the trial his lawyer attempts to bring up Samantha's sexual history, but is forbidden from doing so based on:
B)a time delay.
C)rules of evidence.
D)look for incriminating DNA under her fingernails.
E)rape shield laws.

Question 55

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 for sexual favors. Joe is later arrested by the police.

A)If the prostitute Joe had sex with was a minor, Joe would also have been charged with:
B)statutory rape.
C)incest.
D)rape.
E)voyeurism.

Question 56

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

Question 57

The ______ is the federal law which prohibits sex trafficking in interstate commerce.

A)2000 Trafficking Victim Protection Act
B)Mann Act
C)Anti-Pimping Act
D)Illegal Commerce Act

Question 58

Physical evidence or witness testimony other than from the victim that supports the claim that a crime occurred is called ______ evidence.

A)corroborative
B)uncorroborative
C)substantiated
D)usubstantiated

Question 59

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 for sexual favors. Joe is later arrested by the police.

A)Joe was arrested for ____ the services of a prostitute.
B)soliciting
C)promoting
D)pimping
E)enabling

Question 60

HIV is the virus that causes:

A)AIDS.
B)herpes.
C)lupus.
D)syphilis.

Question 61

Most states divide sexual assault into two or more ____. ​

Question 62

List the three exceptions to the rape shield laws and explain their purpose.

Question 63

_____ includes not only securing clients for a prostitute, but also providing protection and bail as needed.

Question 64

Describe the conditions that must be shown for a civil commitment of a sexual predator.

Question 65

List the reasons child pornography laws have been found unconstitutional. Explain the difficulty of drafting child pornography laws that are constitutional.

Question 66

Most statutes regarding the offense of sexual touching require the state to prove the touching was ______, nonconsensual, and was done to arouse or gratify one's sexual desire.

Question 67

Questioning a sexual assault victim about the victim's past sex life is prohibited by ____ laws.

Question 68

Statutory rape requires no specific ____ to have sex with a minor.

Question 69

Rape ___ laws prohibit questioning of a rape victim if the purpose of the questions is to expose the victim's previous sexual history.

Question 70

Buying, selling, or transporting child pornography or inducing, coercing, or kidnapping a minor for the purposes of producing child pornography is called _____ of child pornography.

Question 71

A majority of states and the federal government do not require __________ as an element of the crime of child pornography.

Question 72

The crime of incest does not require a showing that force was used or threatened, or that the victim did not ______.

Question 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.

Question 74

Before rape shield laws, a victim's __________ was deemed "fair game" by defense lawyers.

Question 75

Physical evidence or witness testimony other than from the victim that supports the claim that a crime occurred is called _____ evidence.

Question 76

Explain the mens rea requirement for a conviction of statutory rape.

Question 77

In most states forbidding statutory rape, a child cannot ___________ to having sexual intercourse with the defendant.

Question 78

Sex offenders are required to provide a(n) ______ sample to authorities to be placed in a state and national database.

Question 79

Anal, vaginal, or oral penetration by force or threat of force is the definition of ____.

Question 80

Explain why states have enacted rape shield laws and what protections they provide.