Forcible and Statutory Rape

Forcible and Statutory Rape

Criminal Law: Crimes Against the Person: Forcible and Statutory Rape

Introduction to Forcible and Statutory Rape

The common law felony of rape referred to forcible rape. It was defined as unlawful sexual intercourse with a woman by a man who was not her husband, without the woman’s consent. Rape can occur when the woman’s resistance is overcome either by force or by the threat of death or serious bodily harm. Sexual intercourse with a woman who is unconscious or so intoxicated, drugged, or mentally incompetent as to be incapable of granting effective consent may also constitute rape. Some modern statutes define rape to include forced sex by a husband with his wife.

Statutory rape is the term generally used to describe the crime of sexual intercourse by a man with a woman who is not his wife and who is below an age specified by statute. It is a crime whether or not the woman gives her consent. This crime is based on the premise that people below a certain age, known as minors, are incapable of making an informed, intelligent decision to consent to sexual intercourse. Consequently, even if the man reasonably believes the woman is over the age of consent (which varies among jurisdictions) or the woman lies about her age, the man is generally liable for the offense.

Some states have rewritten their forcible and statutory rape laws to make them gender neutral. Under these modern statutes a male can be considered a victim of rape-either at the hands of a woman or another man.” (1)

Resources

Notes and References

Guide to Forcible and Statutory Rape

In this Section

Crimes Against the Person (including Murder, Manslaughter, Voluntary Manslaughter, Involuntary Manslaughter, Assault and Battery, Forcible and Statutory Rape and Kidnapping)


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