Rape Flashcards
Rape (C/L)
Forcible rape-unlawful sexual intercourse by a man w/ a woman, not his wife, through force (although constructive force may suffice) without her consent
-actual force: battery
-threat of force: constructive
-sleeping or incapacitated victim/penetration sufficient
resistance is not an element requirement under C/L
Rape (MPC)
- sexual intercourse by a male w/ a female not his wife
- compelled by force or threat of death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone (threat to property is INSUFFICIENT)
- if male has a substantially impaired the female’s power to appraise or control her conduct
- is unconscious
Rape is usually a felony under second-degree murder, however when can it be first-degree?
- inflicts bodily injury upon anyone or
- V was not a social companion, then had not permitted him sexual liberties, then it is first degree
Third Degree Rape
- gross sexual imposition: sex by a male w/ female not his wife
- compelled by:
-any threat that would prevent resistance
-female suffers from mental disease
-female is unaware of sex upon her or mistakes to think it is her husband
Sexual Intercourse (MPC)
includes intercourse per mouth, anus w/ penetration, however slight; emission NOT required
Fraud in Factum (C/L)
woman has misunderstanding of fundamental fact that intercourse is occurring
ie.-woman mistakenly believes having sex with husband
Fraud inducement (C/L)
woman understands she is having intercourse, however misunderstands collateral matter related to act
ie.-sex w/ claim of medical treatment, claiming single, falsely claims to pay for sex
MTS Standard
Requires an affirmative YES
consent-both parties clearly communicate willingness/permission
must be clear and unambiguous
Freely given v. Coerced consent
threat must be illegal for coercion
Is rape specific intent or gen intent?
General intent crime
Defense for Rape
Mistake of Fact
-defense must be honest and rsnbl mistake of fact
-could a rsnbl juror concluded that V did not consent but D rsnbly thought V did consent
ie) reputation of V, or provocative dressing are NOT VALID for mistake defense
Rape elements under C/L
- sexual intercourse
- woman not wife of D
- force
- w/o consent
resistance not an element under C/L
Is prior force by D relevant?
only relevant on issues of force and consent
Is the sexual relationship between D & V before or after the rape relevant?
yes, for force and consent
Does force have to be actual?
No, can be constructive (threats of force to V and others; V is sleeping)
Can a husband rape under the MPC?
NO
Types of Force
- actual force
- constructive (threat of force)
- penetration alone (V is asleep or unconscious)
Is an explicit yes required for consent?
No, varies on juris.
Only defense to Rape for consent
Mistake of fact about consent- honest and rsnbl
Fraud in Factum
V has a misunderstanding of a fundamental fact that sex is occurring
Is intercourse obtained on the basis of Fraud in Factum?
YES
Fraud Inducement
V understands engaging in sexual intercourse but misunderstands a collateral matter related to it
is intercourse obtained on the basis of fraud inducement?
NO
