Sex Crimes

Question 1

Elements of Statutory Rape

Answer 1

1. Sexual Intercourse
2. Victim not spouse
3. Victim is under age of consent

Question 2

Statutory Rape: Mistake of Age

Answer 2

Majority Rule: Strict liability; no defense

Minority Rule: reasonable mistake of age is a defense

Question 3

Elements of Forcible Rape

Answer 3

1. Penetration

2. Lack of Effective Consent

Question 4

Forcible Rape: Ineffective Consents

Answer 4

1. Forcible Compulsion: if intercourse accomplished by actual force = no consent
2. Threat of Force: Saying or doing something that could create and does create fear of bodily harm; consent = ineffective
3. Incapable of consent: unconscious, cognitively impaired, Insane, etc.

Question 5

Rape: Common Law Marriage Exception

Answer 5

1. Husband could not be guilty of raping his wife.

Note: Many states have dropped exception, though it still exists in a number of ways:

• Less severe punishments
• Only rape if legally separated, estranged, etc.