Rape Flashcards
1
Q
RAPE - CL
A
carnal knowledge of a woman, forcibly and against her will
2
Q
Carnal knowledge
A
- Penetration of female sex organ by the male organ
- At this time, only men against women
3
Q
Forcibly
A
- Amount of force above amount achieved for penetration
4
Q
Under old CL Rape - Limited amounts of force allowed in court when:
A
- Fraud so extreme – didn’t know D not husband
- Intoxications, passed out
5
Q
Against her will
A
- can’t just say NO, need proof of lack of consent – physical resistance.
- UTMOST resistance
6
Q
Utmost resistance requires:
A
o INTENSITY OF STRUGGLE
o NO ABATION
7
Q
Is Rape under old CL and now, general intent or specific intent?
A
o General Intent crime – Knowingly + Purposely
8
Q
MARITAL IMMUNITY
A
Consent was conclusively presumed when a man engaged in intercourse with his wife.
9
Q
NO Consent needed to be proven under old CL if
A
- Incapacitation
- Under 10 years old
10
Q
Peculiar evidentiary rules under old CL
A
- Prompt complaint
- Eyewitness/other evidence needed
- Prior sexual behavior admissible
- Cautionary jury instructions
