[net.women] rape/battery

regard@ttidcc.UUCP (Adrienne Regard) (08/08/85)

Newsgroups: net.women,net.legal


> >Given some of the horror stories I've heard from women, I might prefer to
> >press battery charges than sit through a whole bunch of prejudice and
> >courtroom circuses.
> 
> Unfortunately, battery is often treated as a lesser charge by  the  courts,
> regardless  of the law or how we feel about it.

Marie brought up a point "repeat offenders".  I still might, as a rape
victim, be more interested in pressing charges for battery instead of rape
if: (1) the rate of conviction was higher (EVEN if the sentance were
shorter) and/or (2) "repeat offenders" were more likely to be jailed.
Anybody know?

AR

mpr@mb2c.UUCP (Mark Reina) (08/09/85)

> Newsgroups: net.women,net.legal
> 
> 
> > >Given some of the horror stories I've heard from women, I might prefer to
> > >press battery charges than sit through a whole bunch of prejudice and
> > >courtroom circuses.
> > 
> > Unfortunately, battery is often treated as a lesser charge by  the  courts,
> > regardless  of the law or how we feel about it.
> 
The courts often treat battery as a lesser charge because it is.
It is almost a lesser included offense.  ie. a battery consists
of every element that rape does, but rape also requires some
illegal sexual conduct.

doc@cxsea.UUCP (Documentation ) (08/12/85)

> > > >Given some of the horror stories I've heard from women, I might prefer to
> > > >press battery charges than sit through a whole bunch of prejudice and
> > > >courtroom circuses.
> > > 
> > > Unfortunately, battery is often treated as a lesser charge by  the  courts,
> > > regardless  of the law or how we feel about it.
> > 
> The courts often treat battery as a lesser charge because it is.
> It is almost a lesser included offense.  ie. a battery consists
> of every element that rape does, but rape also requires some
> illegal sexual conduct.

It depends on the state's criminal code, but yes, rape is generally
defined as a more serious offense (higher penalty, etc.). Prosecutors
tend to file the most serious charge; if the evidence is not strong
or the witnesses don't come across that well (i.e., they don't have
a strong case likely to get A conviction), they have room to plea
bargain with lesser offenses. If the defendant accepts a guilty
plea to a lesser charge, you are spared the costs (emotional and
fiscal) of a trial and the perpetrator still gets put away for awhile.