Sex Offenses

Question 1

What is rape?

Answer 1

Nonconsensual intercourse. Renamed by most states as sexual assault. Slightest penetration sufficient.

Question 2

What is the role of a marital relationship in a sexual assault charge?

Answer 2

Traditional rule + MPC: husband cannot rape wife

Done away with in most states

Question 3

When is there a lack of effective consent in a sexual assault case?

Answer 3

(1) accomplished by actual force
(2) accomplished by threats of great and immediate bodily harm
(3) victim incapable of consent
(4) victim fraudulently made to believe the act is not intercourse (consent due to other types of fraud effective)

Question 4

What is statutory rape?

Answer 4

Carnal knowledge of a person under the age of consent. strict liability?

Question 5

Is mistake as to age a defense to statutory rape?

Answer 5

No

Question 6

What is adultery?

Answer 6

2 party crime/sexual intercourse if either is validly married to someone else
Usually required that it be open and notorious

Question 7

What is bigamy?

Answer 7

strict liability offense of marrying someone while having a living spouse