Rape

Question 1

Categories/Issues/Motives of Rape

Answer 1

(1) Stranger v. Non-Stranger
(2) Identification v. Consent
(3) Sexual Gratification v. Assaultive Behavior

Question 2

Rape: Historical View [CL]

Answer 2

(1) Consensual intercourse between non-spouses was illegal

(2) Women had to “resist to the utmost” to establish that she had not committed a crime herself

Question 3

Rape: American Traditional Rule [CL]

Answer 3

(1) Accomplished by actual or threatened force

(2) Against the will and without the consent of the woman

Question 4

Rape Reforms

Answer 4

(1) Applies males and females
(2) Applies to sexual acts other than intercourse
(3) Enactment of rape shield laws
(4) Heterosexual and homosexual acts are covered
(5) Got rid of marital immunity
(6) Moving away from the forcible nature of the crime
Focus is on lack of consent
 Includes incapacity and fraud

Question 5

Rape Elements

Answer 5

A rape charge may be sustained if

(1) The sexual act is done against the victim’s will, and
(2) The victim is in fear of immediate physical injury

Question 6

Rape and Mens Rea

Answer 6

General Intent Crime