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Flashcards in Rape Deck (5)
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1
Q

What are the 3 components of actus reus under the old school State v Rusk standard

A

1-vaginal intercourse
2-force
3-against the will and without the consent of the victim

2
Q

What is the purpose of the force requirement and what are the 2 ways to prove it?

A

Purpose is to put the defendant on notice and provide an objective measure for courts to use (lots of evidentiary issues)
Option 1: Resistance was overcome
Option 2: Threats of physical injury prevented the victim from resisting (must be subjectively genuine and objectively reasonable)

3
Q

What are the elements under the In re MTS standard?

A

1- sexual penetration
2-lack of consent
(force requirement is removed)

4
Q

What element does the mens rea element for rape apply to?

A

Applies to the lack of consent element
Knowledge could be too defendant friendly because men my frequently misunderstand(Commonwealth v Sherry)
Recklessness or negligence are common
A few jurisdictions have no mens rea requirement

5
Q

What is the good faith mistake defense?

A

This is another way of phrasing a negligence standard for rape. It eliminates liability if the mistake was reasonable under the circumstances