Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site ttidcc.UUCP Path: utzoo!linus!philabs!ttidca!ttidcc!hollombe From: hollombe@ttidcc.UUCP (The Polymath) Newsgroups: net.women,net.legal Subject: Re: charges and convictions Message-ID: <631@ttidcc.UUCP> Date: Mon, 5-Aug-85 18:25:01 EDT Article-I.D.: ttidcc.631 Posted: Mon Aug 5 18:25:01 1985 Date-Received: Wed, 7-Aug-85 00:18:26 EDT References: <630@ttidcc.UUCP> Reply-To: hollombe@ttidcc.UUCP (The Polymath) Organization: The Cat Factory Lines: 37 Xref: linus net.women:6356 net.legal:1614 Summary: 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