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Forcible Rape
Rape Types of Rape Forcible Rape
Introduction to Forcible Rape
Sexual intercourse carried out against a person’s will by the use or threat of physical force is sometimes referred to as forcible rape. Historically, a person could only be charged with rape if force was used to subdue the victim. Most states retain use of force as part of their definition of rape or, at the least, of the most serious form of rape. However, some states have modified this traditional requirement. For example, in 1992 a New Jersey court found that the requirement of force was satisfied by the act of sexual penetration itself, without any additional force or threat of force.
In Canada, the federal Criminal Code prohibits various types of sexual assault. Sexual assaults with a weapon or that cause bodily harm to the victim are punished more severely. An aggravated sexual assault is the most serious form of rape in Canada. A person commits aggravated sexual assault if he or she wounds, maims, disfigures, or endangers the life of another person while sexually assaulting that person.
The Canadian code does not explicitly define sexual assault in terms of the types of sexual activity prohibited. However, for the purpose of determining whether a sexual assault has occurred, the statute defines consent as the “voluntary agreement of the complainant to engage in the sexual activity in question.” If the complainant is incapable of consenting to the activity or if the complainant expresses, by words or conduct, a lack of agreement to engage in the activity, a defendant may not successfully defend against charges of sexual assault on the grounds that the complainant consented.” (1)
Resources
Notes and References
- Information about Forcible Rape in the Encarta Online Encyclopedia
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