Sexual Offenses

Question 1

Forcible Rape

Elements

Answer 1

Sexual intercouse committed:

1. Using force or threat of force
2. by means of deception
3. while the victim is asleep or unconscious, or
4. with a victim that is unable to give consent

Question 2

Threat of force: is proof pf physical resistance required?

Answer 2

No, but evidence of resistance plays an important role in finding force and non-consent

Question 3

MPC Rape:

Four Elements

Answer 3

• A male is guilty of rape if, acting purposely, knowingly, or recklessly regarding each of the material elements of the offense, he has sexual intercourse with a female under any of the following circumstances:

• 1. The female is less than 10 years of age;
• 2. The female is unconscious;
• 3. He compels the female to submit by force or by threatening her or another person with imminent death, grievous bodily harm, extreme pain or kidnapping; or
• 4. He administers or employs drugs or intoxicants in a manner that substantially impairs the female’s ability to appraise or control her conduct.

Question 4

Common Law v. MPC:

Rape requirements

Answer 4

CL: Traditional Common law requires proof that both the female did not consent to the intercourse and that the sexual act was “by force” or “against her will”

Resistance requirement, now have to show degree of resistance that is reasonable

MPC: Defines rape solely in terms of the male’s acts of aggression and does not require proof of resistance by the victim.