Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/5/84; site cxsea.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxr!mhuxn!ihnp4!houxm!vax135!cornell!uw-beaver!ssc-vax!cxsea!doc 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 Article-I.D.: cxsea.279 Posted: Mon Aug 12 13:19:02 1985 Date-Received: Sat, 17-Aug-85 15:30:53 EDT References: <649@ttidcc.UUCP> <235@mb2c.UUCP> Organization: Computer X Inc., Seattle, Washington. Lines: 20 Xref: watmath net.legal:2064 net.women:6911 > > > >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.