Sexual intercourse

Scenario 1: Ken, who was diagnosed with acquired immunodeficiency syndrome (AIDS), engages in sexual intercourse with several women, including Barbie. He does not inform any of the women or Barbie that he has AIDS. As a result, Barbie contracts AIDS and dies from the disease 2 years later. •Can Ken be convicted of a homicide offense? Explain and justify your answer. I’ve been doing some research of example cases to base my answer off of. They only thing I have found was a case that took place in Canada.

There was an immigrant living in Ontario and he was facing two counts of first-degree murder and 11 counts of aggravated sexual assault for having sex with 11 different women, but only 7 got infected, two of which died from the virus. The prosecutors made the immigrant get counseling about the transmission and the risks, and he was ordered to protect his partners, but he kept the infection a secret. And so the court prosecuted him under a general murder statute. (Ryan, 2009) •If Barbie does not die, what are the possible charges? Explain. If Barbie doesn’t die, Ken can still get criminal charges against him.

In South Dakota, the state in which I preside, you can face criminal charges if you do not tell your partner about your HIV status. Under the South Dakota Codified Law 22-18-31, “intentional exposure to HIV infection is a felony. ” If someone who knows that they are HIV positive intentionally exposes another person to HIV is guilty of criminal exposure to HIV, which is a Class 3 felony, carrying a maximum penalty of 15 years in prison. Transmission of the virus can come from intercourse, body fluid (such as saliva or semen), or drug paraphernalia.

(SD Legislature, 2000) The first case in South Dakota came from my hometown, Huron. An 18-year-old college student contracted the disease and he had sexual relations with someone and they contracted the virus. The college student was sentenced to four months in jail, mainly because the victim asked for leniency. (Dunsmoor, 2013) Scenario 2: Vincent was desperately ill with a particularly virulent and painful form of cancer. He was permanently hospitalized and quite helpless because he was in constant pain, with little relief from medication. The cancer was terminal. Vincent’s daughter, Lori, is devoted to her father.

She visited him every evening in the hospital and spent many hours with him on the weekend. Vincent pleaded with Lori, “Please put me out of my misery. I’m in such terrible pain. ” The doctors and nurses also heard Vincent’s cries of intense pain and anguish. One afternoon, Lori visited her father. He begged her again to end his life. Lori pulled out a gun kissed her father and shot him. He died instantly. Lori became hysterical and repeatedly kissed the face of her dead father. The police were called, and Lori was charged with Vincent’s death. •What is the most serious offense Lori can be convicted of?

Explain. oInclude the elements of the crime. I believe the most serious offense would be murder. She could be charged and convicted for it, or they could bring it down to a lesser charge. For example, Jack Kevorkian was charged with murder for the euthanizing of his patients. The three main elements of a crime are a mens rea, actus reus, and resultant harm. Actus reus is the action that caused the harm; it must be voluntary, and illegal. Mens rea has to do with the person’s intent while performing the criminal act, and it’s critical to establish the nature and degree of a crime.

(Davenport, 2012) •If Lori is convicted of a less serious offense, what would it be? Explain. If there was a lesser crime, it would be homicide. As mentioned above, Dr. Kevorkian was originally charged with murder 2, and got it lessened to homicide 2. Lori was only doing what her father wanted her to do. The jury would take that into consideration and the fact that he was terminally ill and was in constant pain. Scenario 3: Larry had a few too many drinks with his girlfriend. They had been dating for a few months, and he was tired of her playing games and not having sex with him.

Late that night, he forces himself on her and tries to have sex with her. She protests. He refuses to let her leave unless she has sexual intercourse with him. She relents and has sex with him. Afterwards, she tries to leave, and he will not let her. Instead, he physically removes his girlfriend against her will from the living room of his apartment to an upstairs bedroom of his neighbor’s vacant home. He locks the door over her protest and keeps her there for over 24 hours. •What crime(s) can Larry be charged with? Explain the elements of each crime. I believe that Larry can be charged with aggravated kidnapping and aggravated rape.

How I understood this scenario, is that the girlfriend didn’t want to have sex and he basically forced her to have intercourse with him, which results in being aggravated rape. He would also be charged with aggravated kidnapping because he wanted to abuse her sexually, which constitutes as aggravated rape, in most states. (U. S. Legal) References: Ryan, B. (2009, January 1). Is it murder?. Retrieved from http://www. hivplusmag. com/issue-features/2009/01/01/it-murder SD Legislature. (2005). South dakota codified laws. Retrieved from website: http://legis. sd. gov/Statutes/Codified_Laws/DisplayStatute. aspx?

Type=Statute&Statute=22-18-31 Dunsmoor, B. (2013, November 8). Sd has seen a handful of hiv exposure cases. Keloland. Retrieved from http://www. keloland. com/newsdetail. cfm/sd-has-seen-a-handful-of-hiv-exposure-cases/? id=155815 Davenport, A. U. (2012). Basic criminal law: The constitution, procedure, and crimes. (3rd ed. ). New Jersey: Pearson. Retrieved from http://wow. coursesmart. com/9781256648710/firstsection U. S. Legal. (n. d. ). Aggravated kidnapping. Retrieved from http://definitions. uslegal. com/a/aggravated-kidnapping/ U. S. Legal. (n. d. ). Aggravated rape. Retrieved from http://definitions. uslegal. com/a/aggravated-rape /.