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.