Rape and Sexual Assault

Question 1

Common law rape is:

Answer 1

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

Question 2

At common law, can a husband rape his wife?

Answer 2

No, however, most states have either abolished this restriction or removed the immunity if the husband and wide have separated or filed for divorce

Question 3

Statutory Rape is:

Answer 3

a strict liability crime where sexual intercourse with a female under the age of consent occurs

1) consent is not a defense
2) mistake of age is not a defense

Question 4

The elements of common law rape are:

Answer 4

1) vaginal intercourse
2) force or threat of force
3) without consent
4) (marital exemption)
5) general intent crime

Question 5

Evidentiary requirements for common law rape are:

Answer 5

1) resistance: victim needed to resist the attack with the “to the utmost”
2) Corroboration: corroborating evidence needed beyond victim’s testimony
3) Fresh complaint: victim needed to report attack immediately
4) Impeachment: evidence of victim’s prior sexual conduct admissible to impeach victim’s testimony

Question 6

Rape statutes typically require:

Answer 6

proof of force or absence of consent, but not both

Question 7

Rape shield laws restrict introductions of:

Answer 7

irrelevant information of a victim’s previous sexual conduct

Question 8

In some jurisdictions, the force element is satisfied by:

Answer 8

both psychological and physical force

Question 9

True or False: It is a defense that the accused reasonably believed consent was given

Answer 9

False, “reasonably believed” is not a defense

Question 10

True or False: Spousal rape is not a crime

Answer 10

False, Rape of a spouse is a crime

Question 11

The common law “Marital Rape exemption” is:

Answer 11

a male cannot rape his marital wife

Question 12

Rape by deception occurs when:

Answer 12

1. The defendant misrepresents facts to induce consensual sex; if the victim knew the truth there would not be consent
2. MPC: “If he knows that she is unaware that a sexual act is being committed upon her or that she submits because she mistakenly supposes that he is her husband” = felony in the third degree

Question 13

The rape of a drugged or intoxicated victim is:

Answer 13

the act of sexual intercourse with a sleeping, unconscious, or drugged woman because such victims are incapable of giving consent or resisting unwanted sexual acts and pie