Sexual Offenses Flashcards
What is the common law definition of rape?
- Sexual intercourse (broader definition, now can include anal or oral intercourse (depending on the jurisdiction);
- By force or threat of force; and
- Without the consent of the victim.
Early common law required by a man, with a female, not his wife.
Is resistance by a victim a requirement for rape?
Resistance is generally no longer required, but remains relevant to non-consent, whether forcible or not, and means rea (mistake of fact as to consent).
Rape is a general offense crime
When does consent end and what is required at that point?
The offense of forcible rape occurs when, during apparently sexual intercourse, the victim expresses an objection and attempts to stop the act and the defendant forcibly continues despite the objection.
In re: John Z.
What is the purpose of statutory rape statutes?
An attempt to protect children who are not able to realize the long-term consequences of their actions. Similar to restrictions on entering into a contract, drinking, driving, voting, etc.
What is the mental state requirement for statutory rape?
Many states are strict liability laws and mistake of age is not a defense because there is no mental state requirement.
Look for “knowingly” or similar words to express a mental state requirement.
(Garnett - mentally retarded man consensual sex with 13 year old found guilty due to strict liability, even though he thought she was 16; mistake of fact not allowed)
MPC allows a mistake of age defense if the child is above the age of 10 (it presumes that a child under the age of 10 cannot be reasonably taken for a 16 year old).
