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Quiz 7 Chapter 12 and 13
CHAPTER 12
SEXUAL ASSAULT, RAPE, PROSTITUTION AND RELATED SEX CRIMES
MULTIPLE CHOICE
1. Sexual relations (nonmarital) become a crime in the United States if
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. all of these answers are correct
312
2. Sexual relations (nonmarital) become 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 answers are correct
312
3. 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?
a. vaginal
b. oral
c. anal
d. all of these answers are correct
312
4. 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
323-324
5. 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
319-321
6. 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
319-321
7. 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
319-321
8. 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
319-321
9. 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
319-321
10. 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 are exceptions to the rape shield laws
319-321
11. 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 the above
323
12. 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
321
13. 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
321-323
14. Which of the following is a basis for civil commitment of a sexual predator?
a. pedophilia
b. sociopathy
c. schizophrenia
d. psychosis
327
15. 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 answers is correct
327
16. 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
327
17. 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
327-328
18. Persons who procure customers for and provide assistance to prostitutes are called
a. procurers
b. pimps
c. facilitators
d. assistors
328-330
19. 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
328-330
20. 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
328-330
21. 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
334-338
22. 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
332-334
23. 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 answers is correct
338-339
24. 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 answers is correct
334-338
25. 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
337-338
26. 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
342
27. Which of the following factors can increase the degree of sexual assault?
a. force used
b. a weapon used
c. bodily injury inflicted
d. all of these answers are correct
315-317
28. The Child Online Protection Act (COPA)
a. was enacted by Congress in 1998
b. prohibits commercial internet communication that is harmful to minors
c. was attacked as unconstitutional
d. all of these answers are correct
337-338
29. 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
321-323
30. 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
327
TRUE/FALSE
1. Most states divide sexual assault into two or more degrees.
2. It is a defense to the charge of statutory rape that the defendant reasonably believed the person was not a minor.
3. Pimping includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.
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.
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.
6. Members of either sex may be convicted of pimping for prostitution.
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.
8. Aggravated rape is handled the same in all states.
9. Sexual touching laws often require a showing that the conduct was intended to arouse sexual desire.
10. The U.S. Supreme Court has stated that pedophilia is not a basis for civil commitment.
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