Explain how rape can be accomplished without any actual force. How does the threat of force substitute for actual force? What satisfies the requirement of threat of force?

Question

What will be an ideal response?

Answer 1

The force requirement doesn't require actual force; threatening to use force is enough. To satisfy the threat-of-force requirement, the prosecution has to prove the victim experienced two kinds of fear: 1 . Subjective fear. The victim honestly feared imminent and serious bodily harm. 2 . Objective fear. The fear of imminent and serious bodily harm was reasonable under the circumstances. Brandishing a weapon satisfies the requirement. So do verbal threats—such as as threats to kill, seriously injure, or kidnap. But the threat doesn't have to include showing weapons or using specifically threatening words. Courts can consider all of the following in deciding whether the victim's fear was reasonable (Edwards 1996, 260–61): the respective ages of the perpetrator and the victim; the physical sizes of the perpetrator and the victim; the mental condition of the perpetrator and the victim; the physical setting of the assault; and whether the perpetrator had a position of authority, domination, or custodial control over the victim.