Criminal Law Outline - Professor Bolitho - Campbell Law - Part 2

iii. Sexual Assault Crimes

1. CL: carnal knowledge of a woman forcibly against her will
   1. Male Δ; female victim
   2. Force = resistance required;
   3. Spousal immunity
2. Modern: Gender neutral; no spousal immunity; no resistance requirement;
   1. series of offenses:
      1. forcible sexual assault,
      2. coercive,
      3. nonconsensual,
      4. SA of minor,
      5. Statutory rape
         1. Age-Based (below age of consent; 16/18)
         2. Position-Based (teacher-student; coach-athlete, etc)
         3. Consent invalid, minor cannot consent
         4. Knowledge of minor status unnecessary (majority rule)
   2. Sexual Acts: vaginal intercourse, oral sex, anal sex, digital penetration
   3. Sexual Contact: intentional touching of genitalia, buttocks, breasts w/ intent to abuse, humiliate, harass, degrade, arouse (under or over clothing)
   4. Consent
      1. Consent obtained by fraud is invalid
         1. Fraud in Factum: deceived as to the act (putting something somewhere else than where you received permission = no consent)
         2. Fraud in Inducement: deceived as to some other issue (consented to act itself but defrauded as to why = consent)
            1. Exception = medical community
      2. Express consent is fine, but unnecessary (can infer from situation/facts)
      3. Must be voluntarily given
      4. ‘No’ can change to ‘yes’; ‘yes’ can change to ‘no’ (post-penetration withdrawal allowed)
      5. Δ doesn’t need to know there wasn’t consent, knowledge unimportant

iv. Inchoate Crimes – ‘unfinished business’

1. General Rules
   1. Merger Rule: when an unfinished crime is completed, the two crimes are ‘merged’ into the completed, larger offense
      1. Ex) solicitation to murder → attempted murder or → murder
      2. Never includes conspiracy, it is always a separate offense
   2. Abandonment/Withdrawal: cannot ever ‘abandon’ or ‘withdraw’ from a crime
      1. Exception: can withdraw from a conspiracy, explicitly, and not be held liable for future Pinkerton liability stuff (i.e. tell them you’re out and not held responsible for bank robbery, just the original conspiracy)
   3. Aiding & Abetting/Accomplice Liability: a theory of criminal responsibility (not a separate crime) where accomplice is charged as principal
      1. Δ assisted or encouraged another in the commission of a crime before or during commission
         1. Even verbal encouragement in a fight is enough
      2. Δ had intent to assist or encourage
         1. No accidental/unwitting help to the crime
      3. Crime was actually committed by another (and completed)
      4. NOTE: This is narrower than conspiracy and totally different because:
         1. Not a crime (like conspiracy)
         2. Doesn’t require agreement (like conspiracy)
         3. Crime needs completion (unlike conspiracy)
2. Attempt (charging the unsuccessful criminal)
   1. Elements
      1. Intent to do ______
      2. Took an overt act to complete ______
   2. Two Types
      1. Complete/Imperfect: Δ did everything in their power to finish but outside forces caused failure (i.e. security guard apprehends Δ who is shooting at teller)
      2. Incomplete: Δ was not able to complete all steps b/c of outside forces (security guard stops robber before he could shoot at teller)
   3. Prep v Perp: preparation is not an attempt, movement towards perpetration is an attempt
      1. Majority: “Substantial Step” rule: would a reasonable person deduce that, based on Δ conduct, he/she intended to commit that crime
3. Conspiracy: a separate crime based on agreement to commit more
   1. Elements:
      1. Agreement
      2. 2+ people
      3. To commit a criminal offense
   2. Two Types
      1. General – overt act required in furtherance of conspiracy (extra element)
         1. Overt Act: any act that furthers the conspiracy, even a teensy bit
            1. Purpose: give a Δ a window, albeit small one, to exit conspiracy
      2. Specialized – no overt act required, simply is
   3. Unilateral (w/ a government agent only) are illegal. If there is an informant there needs to be 2+ nongovernmental agents involved.
4. Solicitation: separate crime (like conspiracy) that merges (unlike conspiracy) upon furtherance
   1. Elements
      1. Command, encourage, request another person
      2. To commit a crime
      3. w/ intent that other person commit a crime (no jokes)
      4. Δ’s intent strongly corroborated by acts, etc
   2. Only really charged in sting operations or moments where there is absolutely no other charge available
5. Accessory after the Fact
   1. Separate crime (not treated as principal!)
   2. “Clean-Up Crew” – no involvement w/ the prep or commission of crime
   3. Must be aware of the crime they are aiding and abetting to
      1. i.e. if someone helped someone escape a crime scene where someone, unbeknownst to them, was murdered then they can be charged for helping escape but not for helping get away with murder, specifically