Rape and Sexual Assault

Question 1

CL Def forceable rape

Answer 1

An act of genital penetration through sexual intercourse, by a man with a woman not his wife,
through the use of force or by threat of force, without the consent of the victim.

Question 2

Elements of Rape

Answer 2

Force (threat of force, fear)

Force used to overcome the victim’s will (psychological pressure, etc.)
Required showing of victim’s utmost (physical) resistance. Later, reasonable fear fulfilled this requirement.
Generally, fraud did not substitute for force.

Lack of consent

At C/L, consent could be inferred from submission of lack of resistance.
Now shows through physical or verbal resistance or absence of affirmative agreement.

Question 3

Mistake/Consent as a Defense

Answer 3

In most jurisdictions mistake as to consent is a defense to rape/sexual assault crimes.*
General rule, through statute, is not guilty of rape if entertained a genuine and reasonable belief about
voluntary consent to intercourse.
This is due to it being a general intent crime.*
Criminal intent is inferred from the commission of the acts constituting the elements of the offense (all
elements must be proved including, if an element, force).
Some jurisdictions don’t allow for the defense for a “reasonable” and “good faith” mistake as to
consent.

Question 4

Marital Rape exemption

Answer 4

All states have abolished marital rape exception