Rape Flashcards
What was the definition of rape at common law?
Forcible sexual intercourse by a male with a female not his wife, without her consent
What was the focus in common law rape?
Focus on force and whether/to what extent the woman resisted
- Women generally had to resist “to the upmost” and the perpetrator had to have used the amount of force needed to overcome this resistance
- If the perpetrator used or threatened to use extreme force (likely to cause serious injury or death), resistance not required
What was the marital immunity rule in common law rape?
In the common law there was marital immunity based on the wife being the property of her husband
What was the new MPC approach to rape and sexual assault?
Gender-neutral, prohibits sexual assault in the absence of consent (without force or resistance requirement), no resistance requirement for forcible rape offenses, no marital immunity rule
What was the rule from Rusk v. State? (rape)
Common law rape requires that the victim physically resist the act of the perpetrator
What was the rule from Commonwealth v. Berkowitz? (rape)
Verbal resistance alone is insufficient to show that sexual intercourse was obtained by force. (College case where the victim did not physically resist, but verbally resisted, which was not enough under the statute at the time)
What was the rule from New Jersey in the Interest of MTS? (rape)
The element of physical force in a sexual-assault claim is satisfied by the act of non-consensual sexual penetration without any additional proof of extrinsic force. (defendant who was staying at the house entered the victims room late at night and non-consensually sexually assaulted her)
What is typically the level of culpability required for rape under the MPC?
Recklessness
What is statutory rape?
Sex with an individual under the age of consent (strict liability crime) (e.g. Garnett)
