Legal Definitions - Rape

Rape, under common law, is defined as a crime involving unlawful sexual intercourse with another individual. This act is committed without their consent and is achieved through the use of fear, force, or coercion.

Rape is a grave criminal offense involving non-consensual sexual penetration. It occurs when one person engages in sexual activity with another without their free and voluntary agreement. This lack of consent is typically overcome through the use of physical force, threats, intimidation, or other forms of coercion.

The fundamental element of rape is the absence of willing and informed consent from the victim. If consent is not freely given, or if it is obtained through force, fear, or manipulation, the act is considered rape.

• Example 1: Physical Force

  Imagine a situation where Alex physically restrains Ben, who is clearly saying "no" and trying to push Alex away, and then forces Ben into sexual activity. Alex's actions constitute rape because Ben's consent was explicitly withheld, and Alex used physical force to override that lack of consent.

• Example 2: Threats and Intimidation

  Consider a scenario where Chris threatens to harm Dana's children if Dana does not engage in sexual activity with Chris. Fearing for her children's safety, Dana complies. Even though there might not be direct physical force during the act itself, Chris's use of threats and intimidation to compel Dana's participation means Dana's consent was not freely given, making the act rape.

• Example 3: Incapacity to Consent

  Suppose Erin encounters Frank, who is deeply unconscious after consuming a large amount of alcohol and drugs. Erin then engages in sexual activity with Frank. Because Frank is unconscious, he is completely unable to understand the situation or provide voluntary consent. Any sexual act with an individual who is incapacitated and therefore unable to consent is considered rape.