Rape Flashcards
1
Q
Common law elements for rape
A
- Carnal knowledge (vaginal sexual penetration of victim by ∆)
- against the victim’s will
- by force OR threat of force
2
Q
Who could not be raped at common law?
A
A wife by husband
A man by another man
3
Q
Proving requiste lack of consent
A
Victim had to either:
resist “to best of her ability”
OR
Explain lack of resistance b/c of the force or the threat used by ∆
4
Q
How is force element satisfied under modern approach?
A
Force of sexual penetration is sufficient
5
Q
Mistake of fact defense
A
The mistake must be both honest and reasonable
6
Q
What is statutory rape?
A
Intercourse with female under the statutory state of consent (usually 16)
Consent of the female does not matter, intercourse = rape
7
Q
Modern trend
A
Focuses on objective standard of the victim’s lack of consent
