Rape

Question 1

CL rape rule

Answer 1

Sexual intercourse by a male, with a female not his wife, constitutes rape if it is committed: (1) forcibly; (2) by means of certain forms of deception; (3) while the female is asleep or unconscious; or (4) upon a female incompetent to give consent (drugged, mentally disabled, or too young).

Question 2

CL rape mens rea

Answer 2

typically, general intent. A person is not guilty of rape if he entertained a genuine and reasonable, albeit incorrect, belief that the female voluntarily consented to intercourse with him. He is guilty of rape if he unreasonably (negligently or recklessly), believed that the victim was consenting.

Question 3

MPC rape consent

Answer 3

:means a person’s willingness to engage in a specific act of sexual penetration, or sex, or sexual contact.
o Express or inferred.
o Verbal nor physical resistance is required.
o Consent ineffective when given by a person incompetent to consent.
o Consent may be revoked or withdrawn at any time. Verbal refusal establishes lack of consent.