TESTED QUESTIONS WITH ACCURATE
SOLUTIONS GRADED A+
●● Consent vs. compliance.
Answer: A victim's compliance with a sexual act does not mean consent.
A victim, who in no way consents, may comply with an attacker to avoid
further injury or perceived harm to self or others.
●● Against a person's will.
Answer: means without the consent of the person.
●● Threatening to retaliate - 289 (1) - PC.
Answer: means a threat to kidnap or falsely imprison, inflict extreme
pain, serious bodily injury, or death. (PC 289(1))
●● Menace.
Answer: any threat, declaration, or act which shows an intention to
inflict injury upon another. (PC 261)
●● Duress (force or fear).
Answer: means direct or implied threat of force, violence, danger,
hardship, or retribution sufficient to coerce a reasonable person of
,ordinary susceptibility to perform an act to which one would otherwise
not have submitted. (PC 261)
●● Victim cannot give consent under the law:.
Answer: - When the victim is incapable due to mental disorder, or
developmental or physical disability. Penal Code Section 261(a)(1)
- Minor below the age of 18 Penal Code Section 261.5
●● Victim can normally give consent, but is considered not to have done
so:.
Answer: When the victim is unconscious of the nature of the act because
the victim is:
- unconscious or asleep,
- not aware, knowing, perceiving, or cognizant that the act occurred, or
- not aware, knowing, perceiving, or cognizant of the essential
characteristics of the act due to the person's fraud (in fact). Penal Code
Section 261(a)(4)
When the victim is prevented from resisting by an intoxicating or
anesthetic substance, or any controlled substance and this condition is,
or should have been, known to the person. Penal Code Section 261(a)(3)
●● Rape 261 - PC.
Answer: an act of penile/vaginal intercourse accomplished with a
person, not the spouse of the perpetrator, and without the consent of the
person. Classification: felony
, ●● Rape Crime Elements.
Answer: an act of penile/vaginal intercourse which is committed
with a person, not the spouse of the perpetrator, and
without consent of the person.
●● Sexual Penetration.
Answer: Penetration, however slight, completes the act of rape (Penal
Code Section 263). Absent penetration, an officer should evaluate for an
assault with attempt to commit rape. (Penal Code Section 220/261)
●● 220 - PC : Assault with intent to commit mayhem, rape, sodomy, oral
copulation, rape in concert, lewd acts with a child, or penetration with a
foreign objec.
Answer: Assault with intent to commit mayhem, rape, sodomy, oral
copulation, rape in concert, lewd acts with a child, or penetration with a
foreign object refers to
an incomplete attempt to commit these acts. Felony
●● 220 PC Crime Elements:.
Answer: assault
with specific intent
to commit mayhem, rape, sodomy, oral copulation, rape in concert,
lewd