Rape

Question 1

Rule

Answer 1

(1) sexual intercourse (2) without consent

Question 2

Resistance Requirement

Answer 2

• Brown v. State: “utmost” or “manifest” resistance requirement. (1) Physical resistance and (2) resistance to the very end. Exception if resistance would cause serious bodily harm or death.
• CA = NO Resistance Requirement

Question 3

Mens Rea

Answer 3

Majority and CA: Rape is a general intent crime

• If D has an honest and reasonable belief that intercourse was consensual then the MR is not satisfied

Question 4

Rape by Fraud

Answer 4

• Not rape but is when D induces another to have sex by making false promises
• Exceptions: Attempting to be someone else (like a spouse) that is rape. Doctor insert tool, but really penis, is rape.

Question 5

Rape by Extortion

Answer 5

Not rape usually, highly coercive non-physical threats

Question 6

Consent Automatic

Answer 6

When married

Question 7

MPC

Answer 7

• Defines sexual intercourse to include oral and anal
• No non-consent element
• Non-physical threats can constitute rape
• Only applies to male on female penetration
• Evidentiary standards are backward looking

Question 8

Consent impossible when:

Answer 8

• Statutory rape: minor
• Unconscious or asleep
• Someone is mentally deficient or intoxicated