Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site h-sc1.UUCP Path: utzoo!linus!philabs!cmcl2!seismo!harvard!h-sc1!desjardins 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 References: <630@ttidcc.UUCP> <631@ttidcc.UUCP> Organization: Harvard Univ. Science Center Lines: 20 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