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Sexual offences (chp 8) - Smith and Hogan’s Essentials of Criminal law






Sex offences

Current Perspectives on Sex Crimes. The Uniform Crime Reports and other national studies indicate that rape is the most underreported crime. Constitutionality Issues Many statutes making sexual conduct criminal have been attacked as unconstitutional. DNA testing has also been used to examine evidence from crime scenes gathered years before DNA testing was available. The same study found that during the same 3 years from release, 68 percent of released non-sex offenders were re-arrested for any crime and However, courts will consider the circumstances of the attack, including the characteristics of the perpetrator and the victim, the presence of a weapon, threats of harm, and the assault itself, in assessing the victim's resistance. If and when an offender is released from incarceration, they must confirm their registration status within five business days.

Sex offences


In response, most states enacted laws requiring individuals accused of certain crimes to be tested for AIDS. However, courts will consider the circumstances of the attack, including the characteristics of the perpetrator and the victim, the presence of a weapon, threats of harm, and the assault itself, in assessing the victim's resistance. Sex offense statutes have also been challenged on the ground that they violate an individual's right to privacy. Community notification laws rob the released offender of anonymity by letting neighbors know the offender's criminal history and his place of residence. Critics of registration and notification are troubled by the departure these laws take from the traditional belief that once individuals serve a criminal sentence, they have paid their debt to society and should be allowed to reenter society without significant restrictions on privacy or liberty. These statutes are designed to protect public safety by removing habitual sex offenders from society for extended periods of time. Bigamy per se consists simply of a person's attempt to marry another person while already married. Superior Court, U. The Supreme Court held that the statute did not violate the Constitution because even though the language may have been imprecise, it was still possible to determine the meaning of the statute so as to provide sufficient warning to people who may be affected by it. Although modern statutes have eliminated the marital rape exception, some states still have some form of restrictions in the prosecution of the crime of marital rape. Prosecuting attorneys have some discretion to choose which non-forcible sex offenses to prosecute. For example, current laws forbid obscenity and pornography transmitted via television and Cable Television programs, telephone services, and the Internet. Where the constitutionality of a statute is at issue, such as statutes forbidding consensual sodomy, prosecutors generally choose not to enforce those statutes through prosecution. Physically helpless individuals include those who are unconscious, paralyzed, restrained, or otherwise incapable of resisting the sexual acts. If the prosecution raises the issue of the complainant's physical condition, by arguing that the defendant was the source of pregnancy, sexually transmitted disease, or semen found on the complainant, the defendant may bring up the complainant's sexual history to show that another man was the actual source. In , Congress passed the crime control act 42 U. Society will always have a strong interest in protecting its citizens, thereby allowing more intrusive government actions over an individuals' right to privacy. The Supreme Court has considered this issue in several cases. Instead of providing rehabilitation or deterrence, notification shames convicted offenders in a way that registration and other civil disabilities do not. Department of Justice , sex offender recidivism is 5. Public safety is enhanced, and, armed with this information, neighbors can be on guard and assist in the monitoring of the released offender's activities. In the modern world of technology, many jurisdictions are reforming their laws to prevent the over-prosecution of sex offenders and focusing on crimes involving a victim. The law is enacted and enforced on a state-by-state basis. They may disbelieve or doubt the victim, which may discourage the victim from cooperating with police investigations. Past sexual history can also be introduced like any other evidence where it contradicts the witness's previous testimony, showing that the witness has been untruthful when testifying under oath.

Sex offences


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