Rape

Rape is a criminal and civil wrong in the United States. Although rape is a crime in virtually all countries, the standards for conviction may be quite different depending on the jurisdiction. For example, marital rape is not recognized in traditional common law.

The Model Penal Code[edit | edit source]

In the United States, 4 criteria are used to prove rape under the Model Penal Code:

1. the man compels the woman by force or threatens imminent death, serious bodily injury, pain, or kidnapping to be inflicted on anyone;
2. the man has substantially impaired the woman’s ability to control the woman’s conduct by unknowingly giving the woman drugs or intoxicants in order to prevent resistance;
3. the woman is unconscious;
4. the woman is under 10 years old. If the rape charge is based on a victim being under 10, strict liability applies, meaning that the defendant can't argue that he didn't know the victim was under 10 or that he reasonably believed the victim to be older than that.

References: Quimbee summary

Marital rape[edit | edit source]

Under the MPC, a married couple who doesn't live together (are separated) under a judicial decree of separation aren't exempt from marital rape.

Married couples and un-married couples who live together as husband and wife are exempt from the charge of rape.

Gross Sexual Imposition[edit | edit source]

Gross Sexual Imposition (GSI) is a lesser offense than rape under the MPC.

External links[edit | edit source]

• https://www.law.cornell.edu/uscode/text/10/920