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From: desjardins@h-sc1.UUCP (marie desjardins)
Newsgroups: net.women,net.legal
Subject: Re: charges and convictions
Message-ID: <505@h-sc1.UUCP>
Date: Tue, 6-Aug-85 20:10:53 EDT
Article-I.D.: h-sc1.505
Posted: Tue Aug  6 20:10:53 1985
Date-Received: Fri, 9-Aug-85 02:28:44 EDT
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Organization: Harvard Univ. Science Center
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Xref: linus net.women:6368 net.legal:1624

> >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