Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 9/18/84; site denelcor.UUCP
Path: utzoo!linus!philabs!cmcl2!seismo!hao!denelcor!lmc
From: lmc@denelcor.UUCP (Lyle McElhaney)
Newsgroups: net.women,net.legal
Subject: Re: charges and convictions
Message-ID: <149@denelcor.UUCP>
Date: Thu, 8-Aug-85 20:08:20 EDT
Article-I.D.: denelcor.149
Posted: Thu Aug  8 20:08:20 1985
Date-Received: Mon, 12-Aug-85 04:02:07 EDT
References: <630@ttidcc.UUCP> <631@ttidcc.UUCP> <505@h-sc1.UUCP>
Organization: Denelcor, Aurora, Colorado
Lines: 26
Xref: linus net.women:6409 net.legal:1643

> 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