Personal crimes analysis

Personal crimes are crimes that occur on a personal level and affect the victim in a personal way. There are all different types of crimes that are considered personal. I am going to go over a few such as homicide, assault, battery, mayhem, rape and statutory rape.
Homicide is defined as a person who kills another person or the killing of one human being by another. First degree murder is a type of homicide and is premeditated and intentional. Mens rea refers to the intentional aspect of the crime, purposely or knowingly committing the murder. The punishment for first degree murder is almost always life without parole in prison or the death penalty. Felony murder is committed during the course of a felony that then results in someone’s death even though the death may have been unintentional. Felony murder is a strict liability crime and no mens rea is required. The next type of homicide is second degree murder. Intentional or unintentional are both types of second degree murder, and there is no premeditation in second degree murder. And lastly, manslaughter which can be committed voluntary or intentionally, or unintentionally which is involuntary manslaughter. Provocation and and heat of passion are two key elements that must be proven regarding manslaughter. (Emerson, 2009)
Assault is a personal crime that usually involves contact, or a confrontation between people. An assault involves an intentional, unlawful threat or "offer" to cause bodily injury to another by force; under circumstances which create in the other person a well-founded fear of imminent peril; where there exists the apparent present ability to carry out the act if not prevented. An assault can occur even without physical contact.
A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Offensive touching can also be considered battery. In assault and battery there has to be lack of one of the following privileges, consent, police conduct, self defense, defense of others, voluntary or mutual combat, defense of property, and merchant’s privilege. Words alone, no matter how insulting or provocative, do not justify an assault or battery against the person who utters the words. (Larson, 2003)
Mayhem is the infliction of violent injury on a person or thing, or assault with the intent to disfigure or maim. I can only imagine this to be a very personal crime. A person can only be charged with mayhem if he or she has intentionally, maliciously unlawfully removed or disfigured or rendered useless another person’s hand, finger, leg or ear and so on. This is a very serious felony charge and very much a personal crime that would require getting up close and personal with the victim.
Rape is defined as sexual intercourse without a person’s consent against their will. Rape is about control and a crime of great personal violence. Some states have expanded the definition of rape to include spousal rape and rape that was not forced but without consent. Lack of consent is a necessary element in all rape cases. Most states refer to rape as a sexual assault and there are four degrees of sexual assault. The laws known as shield laws were enacted in the 1970’s to protect the victim in a rape trial from her past being brought into the trial. I think this is important because it does not matter what type of past the victim has if she was violated and raped to the legal standard of rape then she was violated.
In accordance with the FBI definition, statutory rape is characterized as non-forcible sexual intercourse with a person who is younger than the statutory age of consent. The actual ages for these laws vary greatly from state-to-state, as do the punishments for offenders. Many states just refer to statutory rape as rape, and do not necessarily require sexual intercourse but only sexual contact will qualify. All states have an "age of consent," or an age at which a person can legally consent to sexual activity and can then no longer be a victim of statutory rape. There are also differences in the severity of criminal offense based on the age difference between the adult and the minor. The personal crime of statutory rape can be a traumatic event for the minor involved or not a big deal depending on the individual situation. Some cases may involve a young couple only a few years apart in age that are in love and one set or both sets of parents get angry and want a legal remedy that will force the pair to separate. Other cases may involve an older person taking advantage of a young person and could possibly scar the young person for life. (Burrell)