Sex Offenses Flashcards
What are the sex offenses (6) ?
- Rape
- Statutory Rape
- Adultery and Fornication
- Incest
- Seduction
- Bigamy
What is “rape”?
Traditional –> Unlawful carnal knowledge of a woman by a man who is not her husband without her effective consent
Modern –> May be renamed as gender- neutral “sexual assault”.
- Intercourse without EFFECTIVE CONSENT
- The slightest penetration is sufficient.
What is the rule with regards to rape and the existence of a marital relationship?
Traditional view (and MPC) –> husband cannot rape his wife
Most states –> either reject this view entirely, or reject if if the parties are estranged or separated
With regards to rape, when does lack of “effective consent” exist?
- intercourse is accomplished with ACTUAL FORCE or THREAT OF FORCE
- victim is INCAPABLE of consenting due to unconsciousness, intoxication, or mental condition; OR
- victim is FRAUDULENTLY caused to belief the act is NOT intercourse
NOTE –> consent due to other types of fraud IS effective
EXAMPLE –> perpetrator telling victim he is her husband, or that he will marry her
What is “statutory rape”?
Carnal knowledge of a person under the age of consent
NOTE –> it is not necessary to show lack of consent
NOTE –> this is strict liability. Mistake as to age is not a defense.
What is “adultery”?
“Adultery” is committed by both parties to sexual intercourse if EITHER is validly married to someone else.
NOTE –> it is often required that the behavior be open and notorious
What is “fornication”?
“fornication” is:
- sexual intercourse; OR
- open and notorious cohabitation by unmarried persons
What is “incest”?
Marriage or a sexual act btwn closely related persons
What is “seduction”?
“seduction” = inducing, by promise of marriage, an unmarried woman to engage in intercourse
NOTE –> MPC does not require chastity or that female be unmarried
What is “bigamy”?
“bigamy” = common law strict liability offense of marrying someone while having another living spouse
