Substantive Criminal Law

SUBSTANTIVE CRIMINAL LAW

2007 LEGAL ANALYSIS

Based on the facts presented , the factual issues that are to be discussed are based on several acts that can be determined as felonious These are the following : first , the unlawful entry of Dr . Adam Oldguy second , the unlawful taking of the 50 dollars in the bedroom third the attempt to sexually assault Vicky , the victim fourth , the killing of Vicky and last , the assault on Bob , the boyfriend of the deceased Each of these issues shall be discussed in detail below . The possible crimes

shall also be discussed until a determination of the proper crime to be d is determined

THE ATTEMPT TO SEXUALLY ASSAULT THE VICTIM

The facts pertaining to this issue are as follows

Adam said , I 'll show you how it 's done . He then angrily told Vicky to take off her clothes . Without saying another word , Adam tied Vicky 's hands behind her back with a scarf and pushed her onto the bed he then proceeded to touch her private parts . As a doctor of gynecology Adam told Vicky that his exam showed that she is a poor example of womanhood and then Vicky began to cry . Adam then got off the bed , untied her hands and said that he was too good for her

Section 13-1406 of the Arizona Revised Statutes , provides that a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person ' However , for an act of sexual intercourse to be considered as sexual assault , the essential elements must be met

The case of State vs . Alston discusses the essential requisites of sexual assault . According to the above mentioned case , an act of sexual intercourse shall constitute rape or sexual assault if it is consummated through force or threat of force , against the will of the victim . In other words , for a person to be convicted of rape or sexual assault , the concurrence of 3 elements must be present . First , there must be an act of sexual intercourse second , it was consummated through force or threat of force and last , it was done against the will of the victim

The first element requires that sexual intercourse be committed . In for an accused to be convicted of sexual assault , it must first be determined that there was an act of sexual intercourse

In the crime of sexual assault , from the moment the offender has carnal knowledge of his victim , he actually attains his purpose and , from that moment also , all the essential elements of the offense have been accomplished . Nothing more is to be done by the offender , because he has performed the last act necessary to produce the crime . Thus , the felony is consummated . In a long line of cases , a uniform rule has been set that for the consummation of sexual assault , perfect penetration is not essential . Any penetration of the female organ by the male organ is sufficient . Entry...