1
Q
Rape CL
A
- unlawful sexual intercourse committed by man w woman not his wife through force & w/o her consent
2
Q
What counts as sexual intercourse
A
- vaginal penetration, however slight
3
Q
what constitutes force?
A
- actual force
- constructive force (threat of force to self or others)
- penetration alone may suffice (if sleeping/incapacitated)
4
Q
Rape by modern statute
A
- focal point usually “consent/lack of consent”
- not always called rape
- often combines sexual intercourse w sodomy & other
- marital status is irrelevant
- D & V’s gender may be irrelevant
5
Q
Rape MPC
A
- Intercourse by male w female not his wife
- compelled by force or death, serious bodily harm, extreme pain or kidnapping
- male has substantially impaired fems power to appraise or control her condition by using w/o her knowledge, drugs, intoxicants, etc.
- unconscious
- less than 10 yrs old
6
Q
MPC: rape is felony in 2nd degree unless
A
- actor inflicts serious bodily injury
- V was not a voluntary social companion and did not previously permit him sexual liberties
7
Q
Gross Sexual Imposition
A
- Sexual Intercourse by M w F not wife
- comp by threat that would prevent resistance by a woman of ordinary resolve
- M knows F suffered from mental incapacitation
- M knows F is unaware of sexual act against her or she mistakenly thinks its her husband
8
Q
Sexual Intercourse Defined MPC
A
- includes intercourse per OS or Per Anum w some penetration, however slight
9
Q
stereotypical rape
A
-less common, women suffers physical harm, mental harm, reports ASAP, no circumstances
10
Q
acquaintance rape
A
- prior relationship w parties, alc/drugs/fatigue, friendly prelude, immediate circumstances can be confusing
11
Q
Consent Rules
A
- Consent freely given can be withdrawn at any time before penetration
- consent induced by fear of violence is void & not legal consent
- totality of the circumstances must give rise to rsbl inference that purpose of threat was to force V to sexual intercourse
11
Q
Battered Woman Syndrome
A
- Signs and symptoms in women who are physically, verbally, or emotionally abused over extended period by husband or partner
12
Q
relevance of battered woman syndrome
A
- absence of resistance
- self-defense, insanity, provocation
13
Q
Fraud in the Factum
A
- woman has misunderstanding of fact that sexual intercourse is occurring
- absence of meaningful consent
- constitutes rape
14
Q
Fraud in the Inducement
A
- woman understands she’s engaging in intercourse but misunderstands collateral matter related
- woman said to have consented
- does NOT constitute rape
15
Q
Is rape a specific or general intent crime?
A
- general intent
16
Q
Married Woman & Marital Relations Exception
A
- if a woman agrees to have intercourse w whom she believes to be her husband but is actually not, courts will treat as fraud in the factum
Criminal Law
flashcards
Decks in class (7)
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