CRIMINAL LAW Rape Outline
Rape Definition of Rape: the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. The slightest penetration is sufficient. Most states have dropped requirement of marriage.
Considerations Legislature. Drafting. Requires force? Require that it be against will? Rape or assaultive sexual conduct and make it gender neutral. Without consent? Should it be a statute that has exemption for marital rape? Elements: Social Context Actus Reus o Forcible Rape General Principles No (or absence of yes) as force o Deceptions and non-physical threats o Marital Immunity Rule Mens Rea
Statutory Rape Definition: The carnal knowledge of a female under the age of consent; it is not necessary to show lack of consent. A showing of reasonable mistake as to age or a showing of voluntary consent is irrelevant since statutory rape is a strict liability crime. The age requirement might be strict liability element. Age of person in statutory
Required attendant circumstances: rape.
Defenses: Consent and mistake of fact are not defenses.
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