Describe and explain the five elements of common-law forcible rape
What will be an ideal response?
• Unlawful
• Carnal knowledge – the old term for sexual intercourse – requires penetration of the vagina by the penis; only slight penetration is needed to satisfy this element.
• Of a female – under common law definition, only a female could be raped. This is not generally the case under modern statutes.
• By force – used to be that the female had to resist to the utmost of her ability. Resistance is still required but a serious threat can replace resistance if resisting will do no good or be counterproductive.
• And against her will means the same as without her consent. If victim conscious and has the ability to resist, the two are the same but if the person does not have the physical or mental ability to resist and if the act is against her will, the forcible rape can still be charged. It the victim is unconscious, she cannot resist force but she is certainly not exercising her will to give permission for the intercourse so it is against her will.
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Fill in the blank(s) with correct word
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Indicate whether the statement is true or false