Rape

Question 1

Common law elements for rape

Answer 1

1. Carnal knowledge (vaginal sexual penetration of victim by ∆)
2. against the victim’s will
3. by force OR threat of force

Question 2

Who could not be raped at common law?

Answer 2

A wife by husband

A man by another man

Question 3

Proving requiste lack of consent

Answer 3

Victim had to either:

resist “to best of her ability”

OR

Explain lack of resistance b/c of the force or the threat used by ∆

Question 4

How is force element satisfied under modern approach?

Answer 4

Force of sexual penetration is sufficient

Question 5

Mistake of fact defense

Answer 5

The mistake must be both honest and reasonable

Question 6

What is statutory rape?

Answer 6

Intercourse with female under the statutory state of consent (usually 16)

Consent of the female does not matter, intercourse = rape

Question 7

Modern trend

Answer 7

Focuses on objective standard of the victim’s lack of consent