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From: mikei@hammer.UUCP (Michael IsBell)
Newsgroups: net.women,net.legal
Subject: Re: charges and convictions
Message-ID: <1435@hammer.UUCP>
Date: Mon, 12-Aug-85 12:50:14 EDT
Article-I.D.: hammer.1435
Posted: Mon Aug 12 12:50:14 1985
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Organization: Tektronix, Wilsonville OR
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***

> What I'd like to know is:
> 
> If a woman is raped, can she press charges for battery instead of rape,
> or does the definition of battery specifically exclude sexual battery?
> 
> 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!?!
> 
> Anybody out there know?
> 
> Adrienne Regard

What is typically known as the crime of 'battery' is covered by 4
different degrees of 'assault' in the state of Oregon. The problem
is that all but 4th degree assault require 'serious physical injury'
or other limiting criteria (use of deadly weapon, etc.). Consequently,
it would be difficult to get a conviction for felonious assault (3rd
degree or higher) in a garden variety rape (force, but no serious
injury).  Fourth degree assault is a class 'A' misdemeanor with a
maximum punishment of 1 year in the county jail.

On the other hand, forcible rape (1st degree) is a class 'A' felony
and is punishable by up to 20 years in the penitentiary. If a firearm
was used in its commission a minimum of 5 years must be imposed under
an enhanced sentencing statute.

I see a significant disparity between the punishments.

	mikei