Rape

Question 1

What are the 3 components of actus reus under the old school State v Rusk standard

Answer 1

1-vaginal intercourse
2-force
3-against the will and without the consent of the victim

Question 2

What is the purpose of the force requirement and what are the 2 ways to prove it?

Answer 2

Purpose is to put the defendant on notice and provide an objective measure for courts to use (lots of evidentiary issues)
Option 1: Resistance was overcome
Option 2: Threats of physical injury prevented the victim from resisting (must be subjectively genuine and objectively reasonable)

Question 3

What are the elements under the In re MTS standard?

Answer 3

1- sexual penetration
2-lack of consent
(force requirement is removed)

Question 4

What element does the mens rea element for rape apply to?

Answer 4

Applies to the lack of consent element
Knowledge could be too defendant friendly because men my frequently misunderstand(Commonwealth v Sherry)
Recklessness or negligence are common
A few jurisdictions have no mens rea requirement

Question 5

What is the good faith mistake defense?

Answer 5

This is another way of phrasing a negligence standard for rape. It eliminates liability if the mistake was reasonable under the circumstances