Rape and Sexual Assault

Question 1

Forcible Rape (Traditional, common)

Answer 1

a. intercourse
b. without consent
c. with (a) force or (b) threat of force or (c) victim unconscious
d. if force or threats minimal, victim must demonstrate resistance
(state v. rusk)

Question 2

First degree sexual assault (newer)

Answer 2

a. any sexual act involving penetration
b. without consent
c. sometimes requiring force, but minimal

Question 3

Rape is general intent, meaning?

Answer 3

mistake of fact requires genuine and reasonable