Rape

Question 1

Most common definition of rape

Answer 1

Rape - The most common definition of rape is sexual penetration, without consent, and accomplished by force. In some jurisdictions, penetration is the force.

Question 2

Historic evolution of rape

Answer 2

Brown v. State - utmost resistance
People v. Dorsey - earnest resistance
People v. Barnes - resistance is no longer required - force still is

Question 3

Historic evolution of rape

Answer 3

Brown v. State - utmost resistance
People v. Dorsey - earnest resistance
People v. Barnes - resistance is no longer required - force still is

Rape Law Reform: (what they are looking at toward the future) Sexual penetration without affirmative consent. Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.

Question 4

MPC

Answer 4

MPC is horrible on rape

MPC 231.1 Rape and Related Offenses

(1) Rape. A male who has sexual intercourse with a female not his wife is guilty of rape if:
(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted or anyone; or
(b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants, or other means for the purpose of preventing resistance; or
(c) the female is unconscious
(d) underage

Question 5

rape law reform

Answer 5

Rape Law Reform: (what they are looking at toward the future) Sexual penetration without affirmative consent. Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity.