Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
Bill is a bank executive who oversees the mortgages that his bank gives out. Monica is a homeowner who has recently lost her job and can no longer make her mortgage payments. Monica is about to lose her house so she goes to Bill to see if there is anything she can do. Bill tells Monica that if she has sex with him he will alter her mortgage records to reflect that her payments are up to date but if she does not, he will foreclose on her property and have her kicked out of the house immediately. Having no other choice, Monica consents to having sex with Bill. Afterwards, she goes to the local police station and accuses Bill of rape. If Bill is charged with raping Monica, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct In situations where the woman consents but the consent is given as a result of the male putting her in apprehension of imminent physical harm, the consent is considered ineffective and the sexual intercourse will be considered rape. In this case, although Bill did threaten Monica, he did not threaten her with imminent physical harm. That being the case, Monica's consent is legally effective and C is the correct answer.
Incorrect! In situations where the woman consents but the consent is given as a result of the male putting her in apprehension of imminent physical harm, the consent is considered ineffective and the sexual intercourse will be considered rape. In this case, although Bill did threaten Monica, he did not threaten her with imminent physical harm. That being the case, Monica's consent is legally effective and C is the correct answer.
Correct
Incorrect!
Question 2
Helen is six months pregnant and goes to her Obstetrician, Dr. T, for a routine appointment. After examining her, Dr. T explains that it will be difficult for Helen's baby to be born naturally because she is too narrow. He tells her that a simple procedure, involving a special instrument, can widen the birth canal and make a natural birth more likely. Helen consents to the procedure. However, instead of performing the procedure appropriately, Dr. T has intercourse with her while she is under anesthesia. Dr. T is charged with rape. He will probably be:
Correct One of the circumstances in which consent obtained by fraud will be considered ineffective is if the defendant commits fraud in the factum and tricks the victim into thinking that the act is something other than intercourse. Here, Dr. T tricked Helen into thinking that what he was doing was something other than intercourse. That being the case, Helen's consent was ineffective and Dr. T can be convicted of rape. Therefore, A is the correct answer.
Incorrect! One of the circumstances in which consent obtained by fraud will be considered ineffective is if the defendant commits fraud in the factum and tricks the victim into thinking that the act is something other than intercourse. Here, Dr. T tricked Helen into thinking that what he was doing was something other than intercourse. That being the case, Helen's consent was ineffective and Dr. T can be convicted of rape. Therefore, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Celina is a talented young singer who is being coached by Rene, one of the most highly regarded singing coaches in the world. Rene tells Celina that, in order to improve her singing, she should have intercourse with him. He claims that the opening created by the intercourse will create a better flow of air through her body and improve her vocal range. Celina, who is somewhat naive, consents to the intercourse. After her singing does not improve, she realized that she has been tricked and she accuses Rene of rape. If he is charged, he will probably be convicted:
Correct
Incorrect!
Correct If the defendant commits fraud in the inducement, so that he does not trick the victim as to the nature of the act but lies to her as the value of the act, he will not be convicted of rape. Here, Rene told Celina clearly that he wanted to have intercourse with her. The fact that he lied about the value of the intercourse does not invalidate Celina's consent. Therefore, Rene cannot be convicted and B is the correct answer.
Incorrect! If the defendant commits fraud in the inducement, so that he does not trick the victim as to the nature of the act but lies to her as the value of the act, he will not be convicted of rape. Here, Rene told Celina clearly that he wanted to have intercourse with her. The fact that he lied about the value of the intercourse does not invalidate Celina's consent. Therefore, Rene cannot be convicted and B is the correct answer.
Question 4
William is an amateur actor who is starring in a production of Shakespeare's Romeo and Juliet. Anne is a theater buff who goes to several plays a month. She is so moved by William's portrayal of Romeo that she waits for him backstage and tells him to come to her apartment later that night dressed as Romeo. Richard, another actor in the play, overhears Anne inviting William to her apartment. Richard dresses in Romeo's costume and goes over to Anne's apartment. The lights are off so Anne does not see that it is not William who has come over. Anne and Richard have intercourse. Afterward, when Anne turns on the lights and sees that it is Richard, and not William, who she has just slept with, she calls the police and has Richard charged with rape. Richard will probably be:
Correct If the defendant tricked the victim in regard to his identity and the trickery does not involve a marriage relationship, this type of fraud will not render the intercourse rape. Therefore, Richard will not be convicted here and A is the correct answer.
Incorrect! If the defendant tricked the victim in regard to his identity and the trickery does not involve a marriage relationship, this type of fraud will not render the intercourse rape. Therefore, Richard will not be convicted here and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 5
Tommy and Pam, two college students, have been dating for several months and they discuss having intercourse. Pam is shy and she tells Tommy that she is going to go back to her dorm room and that he should come over one hour later. She tells Tommy that if the door is unlocked when he gets there, he can have intercourse with her but that he must leave the lights off. When Pam returns to her dorm room, she decides that she is not ready to have intercourse with Tommy so she locks the door, turns off the lights and goes to sleep. A few minutes before Tommy arrives, Pam's roommate Carmen comes home for a few minutes to change clothes before going out again. Unfortunately, Carmen forgets to lock the door when she leaves. When Tommy arrives a few minutes later, he finds the door unlocked so he goes inside and begins to have intercourse with Pam. Pam wakes up in the middle, pushes Tommy away and calls the police. If Tommy is charged with rape, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The general rule is that a mistake of fact will protect the defendant from a conviction if it eliminates the intent that is required for the crime. Several jurisdictions now hold that a mistaken belief of consent will protect the defendant from a conviction only if the defendant honestly and in good faith believed that the woman consented and if the defendant's mistaken understanding was one that a reasonable person would have made. In this case, Tommy believed, in good faith, that Pam consented to having intercourse (because the door was unlocked when he got there) and this is a mistake that a reasonable person probably would have made. Therefore, he will be acquitted and D is the correct answer.
Incorrect! The general rule is that a mistake of fact will protect the defendant from a conviction if it eliminates the intent that is required for the crime. Several jurisdictions now hold that a mistaken belief of consent will protect the defendant from a conviction only if the defendant honestly and in good faith believed that the woman consented and if the defendant's mistaken understanding was one that a reasonable person would have made. In this case, Tommy believed, in good faith, that Pam consented to having intercourse (because the door was unlocked when he got there) and this is a mistake that a reasonable person probably would have made. Therefore, he will be acquitted and D is the correct answer.
Question 6
Tommy and Pam are two high school sophomores who have just started sleeping together. Pam is fifteen. When Pam's father finds out that his daughter and Tommy have been sleeping together, he notifies the police and has Tommy arrested. If Tommy is charged with statutory rape, his best argument for acquittal is that:
Correct
Incorrect!
Correct
Incorrect!
Correct Intercourse with a woman who is under the age of consent falls under the special category of statutory rape and it is a crime regardless of whether or not the girl consented. Further, the defendant can be convicted even if he did not know that the girl was underage and even if he reasonably mistook the girl for being over the age of consent. Some states do allow the defendant to avoid being convicted by proving that there is a very small age difference between himself and the victim. That being the case, Tommy's best chance at being acquitted is to argue that he is also around fifteen years old. Thus, C is the correct answer.
Incorrect! Intercourse with a woman who is under the age of consent falls under the special category of statutory rape and it is a crime regardless of whether or not the girl consented. Further, the defendant can be convicted even if he did not know that the girl was underage and even if he reasonably mistook the girl for being over the age of consent. Some states do allow the defendant to avoid being convicted by proving that there is a very small age difference between himself and the victim. That being the case, Tommy's best chance at being acquitted is to argue that he is also around fifteen years old. Thus, C is the correct answer.