Crimes Against the Person (Non-Homicide) Flashcards

At common law, rape was defined as unlawful sexual intercourse with a woman, not the defendant's wife, without her consent and:

Answer: By force or threat of force

Common law rape required intercourse by force or threat of force, without consent, with a woman not the defendant's wife.

Under the majority rule, a defendant charged with statutory rape who honestly and reasonably believed the victim was over the age of consent:

Answer: Is guilty, because statutory rape is a strict liability crime

Most jurisdictions treat statutory rape as strict liability as to age, so mistake is no defense (California is a notable exception).

A doctor tells a patient he is performing a medical procedure when he is actually having intercourse with her. This is best described as:

Answer: Fraud in the factum, which vitiates consent and constitutes rape

Deception about the very nature of the act is fraud in the factum, meaning no consent to intercourse was given.

Dan induces Vic to have intercourse by falsely promising to marry her. Under the traditional rule, Dan is:

Answer: Not guilty of rape, because this is fraud in the inducement

Fraud in the inducement concerns a collateral matter and does not negate consent to the act itself.

Which statement correctly describes the penetration element of rape?

Answer: Penetration, however slight, is sufficient

Any penetration, however slight, completes the act of intercourse for rape; emission is not required.

Dan has intercourse with Vic while she is unconscious from intoxication. No force is used. Is Dan guilty of rape?

Answer: Yes, because an unconscious person cannot consent

Intercourse with a person incapable of consenting due to unconsciousness constitutes rape without additional force.

Vic consents to intercourse, then clearly withdraws consent midway, but Dan forcibly continues. Under the modern majority approach, Dan is:

Answer: Guilty of rape, because continuing after consent is withdrawn is nonconsensual

Many jurisdictions, including California (In re John Z.), hold that forcibly continuing after consent is withdrawn is rape.