Rape Flashcards
1
Q
What is always considered Rape?
A
-Force + Penetration
2
Q
What are the methods of accountability for Rape?
A
- Student Conduct
- Civil liability
- Criminal Liability
3
Q
What is “utmost resistance?”
A
- Historical requirement of rape crimes that the victim provide the “utmost resistance”
- No longer on the books
4
Q
How have some states enhanced common law rape?
A
- Gender neutral crime
- Raising the age of consent
- Broadening scope of included sexual acts
- Some laws acknowledge marital rape
- Vary on “adequate force”
- Some states have eliminated force requirement and focus on consent
- Some states require resistance be “reasonable”
- Some states have mens rea requirements as to knowledge of consent
5
Q
What is common law rape?
A
- Sexual intercourse
- Unmarried man and woman
- Under the threat of physical force
- Lack of consent
6
Q
Where is the MPC on rape law?
A
-Rape is when a man…
-Compels by force or threat of physical violence
-Impaireds victim to not resist
-Victim is unconscious, or
-Victim is less than 10
… intercourse with a woman not his wife
-Excludes marital rape
