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From: doc@cxsea.UUCP (Documentation )
Newsgroups: net.legal,net.women
Subject: Re: Re: rape/battery
Message-ID: <279@cxsea.UUCP>
Date: Mon, 12-Aug-85 13:19:02 EDT
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Posted: Mon Aug 12 13:19:02 1985
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> > > >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.