Sex Offenses

Question 1

Rape

Answer 1

Traditionally: Unlawful canal knowledge of a woman by a man, not her husband, without her effective consent

Now: Rape as gender neutral sexual assault; slighest penetration is sufficient

Absent of Marital Relationship: Trad. rule and MPS, husband canot rape wife; most states now either reject it entirely or reject it where the parties are estranged or separated

Lack of Effective Consent: The intercourse must be without effective consent. Lack of consent exists where:

1. Intercourse is accomplished by actual force
2. Intercourse is accomplished by threats of great and immediate bodily harm;
3. The victim is incapable of consenting due to unconsciousness, intoxication, or mental condition; OR
4. The victim is fraudulently caused to believe that the ct is not intercourse.

Question 2

Statutory Rape

Answer 2

Carnal knowlege of a peron under the age of consent

Mistake as to age: Strict liability crime

• reasonable mistake as to age will prevent conviction if the D reasonably believed the victim was old enough to give an effective consent (to be used ONLY IF no alternative making us of the best position is presented)

Question 3

Adultery & Fornication

Answer 3

Committed by both parties to sexual intercourse if either is validly marriedto someone else; it is often required that the behavior be open and notorious Fornication is sexual intercourse or open and notorious cohabitation by unmarried persons.

Question 4

Incest

Answer 4

Marriage or a sexual act between closely related persons

Question 5

Seduction

Answer 5

Inducing, by promise or marriage, an unmarried woman to engage in intercourse. The MPC does not require chastity or that the female be unmarried

Question 6

Bigamy

Answer 6

Common law strict liability offense of marrying someone while having another living spouse