regard@ttidcc.UUCP (Adrienne Regard) (08/06/85)
What I'd like to know is: If a woman is raped, can she press charges for battery instead of rape, or does the definition of battery specifically exclude sexual battery? 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. Seems to me the definition of battery would certainly cover what actually occurs during a rape, and if the chances of conviction where equal or higher, that might be the way to go. Certainly battery cannot be a lesser charge, and it must not be a greater charge!?! Anybody out there know? Adrienne Regard
hollombe@ttidcc.UUCP (The Polymath) (08/06/85)
In article <630@ttidcc.UUCP> regard@ttidcc.UUCP (Adrienne Regard) writes: >If a woman is raped, can she press charges for battery instead of rape, >or does the definition of battery specifically exclude sexual battery? I suspect that most men tried for rape are also tried for assault and battery at the same time. It's just that the more spectacular rape charge tends to overshadow the less interesting assault and battery (not to mention breaking and entering and kidnap if those occured). >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. Seems to me the definition of battery would certainly >cover what actually occurs during a rape, and if the chances of conviction >where equal or higher, that might be the way to go. Certainly battery >cannot be a lesser charge, and it must not be a greater charge!?! Unfortunately, battery is often treated as a lesser charge by the courts, regardless of the law or how we feel about it. The reason is that battery is one of the most common crimes committed (the average bar room brawl can generate dozens of counts). If they jailed everyone who was guilty of battery they'd have to throw the murderers out on the street (and the rapists). As a result, the typical rapist might well try to plea-bargain the rape down to a simple assault and battery for which they would probably receive probation rather than hard time. If the victim chooses not to press the rape charge that's probably what will happen, too. Sorry, Adrienne, there is no free lunch. -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ The Polymath (aka: Jerry Hollombe) Citicorp TTI Common Sense is what tells you that a ten 3100 Ocean Park Blvd. pound weight falls ten times as fast as a Santa Monica, CA 90405 one pound weight. (213) 450-9111, ext. 2483 {philabs,randvax,trwrb,vortex}!ttidca!ttidcc!hollombe
desjardins@h-sc1.UUCP (marie desjardins) (08/07/85)
> >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. Seems to me the definition of battery would certainly > >cover what actually occurs during a rape, and if the chances of conviction > >where equal or higher, that might be the way to go. Certainly battery > >cannot be a lesser charge, and it must not be a greater charge!?! > > Unfortunately, battery is often treated as a lesser charge by the courts, > regardless of the law or how we feel about it. The reason is that battery > is one of the most common crimes committed (the average bar room brawl can > generate dozens of counts). If they jailed everyone who was guilty of > battery they'd have to throw the murderers out on the street (and the > rapists). Why would battery not be a lesser charge than rape? Rape seems awfully serious to me (yes, so does battery), especially for repeat offenders (certainly more comparable to, say, a murder charge than battery). Or do I misunderstand the legal meaning of the term "battery"? marie desjardins park
lmc@denelcor.UUCP (Lyle McElhaney) (08/09/85)
> Why would battery not be a lesser charge than rape? Rape seems awfully > serious to me (yes, so does battery), especially for repeat offenders > (certainly more comparable to, say, a murder charge than battery). Or > do I misunderstand the legal meaning of the term "battery"? > Battery - the unlawful beating of another person, including every willful, angry and violent touching of another's person or clothes or anything attached to his person or held by him. ...as opposed to... Assault - an apparantly violent attempt or a wilfull offer with force and violence to do hurt to another without the actual doing of the hurt threatened (as with lifting a fist or cane in a threatening manner). I believe that what the original poster was referring to in suggesting charges of battery rather than rape is that battery does not not carry the traditional male/female loaded conotations that rape does, and therefore the chances of conviction would be more likely, and cost the victim less in emotional upset. Which is probably true. Unfortunately, as was pointed out, battery is considered a much smaller crime than rape, with much more lenient punishment (I think it is classed as a misdemeanor, whereas rape is generally a felony). Too bad, too. Lyle McElhaney ...denelcor!lmc
franka@mmintl.UUCP (Frank Adams) (08/10/85)
In article <505@h-sc1.UUCP> desjardins@h-sc1.UUCP (marie desjardins) writes: > >Why would battery not be a lesser charge than rape? Rape seems awfully >serious to me (yes, so does battery), especially for repeat offenders >(certainly more comparable to, say, a murder charge than battery). Or >do I misunderstand the legal meaning of the term "battery"? > I think if anything you overestimate the seriousness of battery. As I understand it, any violence directed against another person is battery. E.g., punching someone. A crime yes, but not necessarily a very serious crime.
mikei@hammer.UUCP (Michael IsBell) (08/12/85)
---------- *** > What I'd like to know is: > > If a woman is raped, can she press charges for battery instead of rape, > or does the definition of battery specifically exclude sexual battery? > > 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. Seems to me the definition of battery would certainly > cover what actually occurs during a rape, and if the chances of conviction > where equal or higher, that might be the way to go. Certainly battery > cannot be a lesser charge, and it must not be a greater charge!?! > > Anybody out there know? > > Adrienne Regard What is typically known as the crime of 'battery' is covered by 4 different degrees of 'assault' in the state of Oregon. The problem is that all but 4th degree assault require 'serious physical injury' or other limiting criteria (use of deadly weapon, etc.). Consequently, it would be difficult to get a conviction for felonious assault (3rd degree or higher) in a garden variety rape (force, but no serious injury). Fourth degree assault is a class 'A' misdemeanor with a maximum punishment of 1 year in the county jail. On the other hand, forcible rape (1st degree) is a class 'A' felony and is punishable by up to 20 years in the penitentiary. If a firearm was used in its commission a minimum of 5 years must be imposed under an enhanced sentencing statute. I see a significant disparity between the punishments. mikei