Statutory Rape
Statutory rape consists of having sex with minors. The victim’s immaturity takes place of the force. Minors cannot legally consent to sex. Statutory rape is a strict liability in most states.
Grading the Degrees of Rape
Simple Rape (second-degree) rape- rape without aggravated circumstances
Aggravated Rape (first-degree) rape-rape committed with a weapon, by more than one person, or causing serious physical injury to the victim. This involves at least one of the following:
The victim suffers serious bodily injury
A stranger commits the rape
The rape occurs in connection with another crime
The rapist is armed
The rapist has accomplices
The victim is a minor and the rapist is several years older
Common law rape-intentional forced heterosexual vaginal
penetration by a man with a woman not his wife.
Common law sodomy
anal intercourse between two males.
Sexual assault, or criminal sexual conduct
statutes enacted
in the 1970s and the 1980s expanding the definition of “sex offenses” to
embrace a wide range of nonconsensual penetrations and contacts, even if they
fall short of violent.
Aggravated rape
the crime of physically attacking another
person which results in serious bodily harm and/or is made with a deadly or
dangerous weapon such as a gun, knife, sword, ax or blunt instrument.
Aggravated assault is usually a felony punishable by a term in state prison.
Unarmed acquaintance rape
nonconsensual sex between people
who know each other” tape involving dates, lovers, neighbors, coworkers,
employers, and so on.
Corroboration rule
element in rape what the prosecution had
to prove rape by the testimony of witnesses other than the victim.
Rape shield statutes
statutes that prohibit introducing evidence
of victims past sexual conduct.
Prompt-reporting rule
rape victims have to report the rape
soon after it occurs
Marital rape exception
legally, husbands can’t rape their
wives
Sexual assault statutes
expanded the definition of “sex
offenses” to embrace a wide range of nonconsensual penetrations and contacts.
Rape-intentional sexual penetration by force without consent
Force and resistance rule
victims had to prove to the courts
they didn’t consent to rape by demonstrating that they resisted the force of
the rapist.
Utmost resistance standard
the requirement that rape victims
must use all the physical strength they have to prevent penetration.
Reasonable resistance rule
the amount of force required to
repel rapists to show nonconsent in rape prosecutions.
Threat-of-force requirement (in rape)
prosecution must prove
a sexual assault victim feared imminent bodily harm and that the fear was
reasonable.
General-intent crime
intent to commit the actus reus
Honest and reasonable mistake rule
a negligence mental
element in rape cases in which the defendant argues that he honestly, but
mistakenly, believed the victim consented to sex.
Recklessness requirement
adopted by some states in rape
cases, it requires that the defendant has to be aware that there’s a risk the
victim hasn’t consented to sexual intercourse.
Reasonable mistake of age
a defense to statutory rape in
California and Alaska if the defendant reasonably believed his victim was over
the age of consent.
Simple (second-degree) rape
rape without aggravated
circumstances
Aggravated rape
tape committed with a weapon, by more than
one person, or causing serious physical injury to the victim.