Rape in United States

Rape Definition

In Criminal Law. Unlawful carnal knowledge of a woman by force and with’ out her consent.
(1) Carnal knowledge is essential (67 Wis. 552), but by statute in most states, the slightest penetration is enough (see 45 Conn. 256; 102 N. Y. 234), though, at common law, emission was essential (1 East, P. C. 439). (2) The carnal knowledge must be unlawful; thus, forcible carnal knowledge by a man of his wife against her will is not rape. 1 Hale, P. C. 629. ‘ (3) The carnal knowledge must be by force, but constructive force, as by threats or intimidation, is sufficient (39 Fla. 155; 45 Conn. 263; 139 Ind. 531) ; and where the woman is insane or insensible, it has been said that the force necessary to accomplish the act is sufficient (53 Ark. 425; 50 Iowa, 189); but the weight of authority is that fraud (2 Swan [Tenn.] 394; 6 Ala. 765), as by personating the woman’s husband (11 Cox, C. C. 191; 7 Conn. 64), will not take the place of force (but see 94 Ind. 96). (4) The carnal knowledge must be without the woman’s consent. The phrase against her will is sometimes substituted, but it means no more than without her consent. 22 Wis. 445 ; 25 Mich. 356. Unless asleep or insensible (12 Cox, C. C. 311), or intimidated by threats (9 Car. & P. 748), the woman must resist to the uttermost (19 Wend. [N. Y.] 192; 13 Mich. 427), to the point of inability longer to resist (59 N. Y. 374) ; and acquiescence, however tardy or reluctant, prevents the offense from being rape (82 Va. 653; 124 111. 576). In Old English Law. A division of a county similar to a hundred, but oftentimes containing in it more hundreds than one.

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Legal Issue for Attorneys

In Criminal Law. Unlawful carnal knowledge of a woman by force and with’ out her consent.
(1) Carnal knowledge is essential (67 Wis. 552), but by statute in most states, the slightest penetration is enough (see 45 Conn. 256; 102 N. Y. 234), though, at common law, emission was essential (1 East, P. C. 439). (2) The carnal knowledge must be unlawful; thus, forcible carnal knowledge by a man of his wife against her will is not rape. 1 Hale, P. C. 629. ‘ (3) The carnal knowledge must be by force, but constructive force, as by threats or intimidation, is sufficient (39 Fla. 155; 45 Conn. 263; 139 Ind. 531) ; and where the woman is insane or insensible, it has been said that the force necessary to accomplish the act is sufficient (53 Ark. 425; 50 Iowa, 189); but the weight of authority is that fraud (2 Swan [Tenn.] 394; 6 Ala. 765), as by personating the woman’s husband (11 Cox, C. C. 191; 7 Conn. 64), will not take the place of force (but see 94 Ind. 96). (4) The carnal knowledge must be without the woman’s consent. The phrase against her will is sometimes substituted, but it means no more than without her consent. 22 Wis. 445 ; 25 Mich. 356. Unless asleep or insensible (12 Cox, C. C. 311), or intimidated by threats (9 Car. & P. 748), the woman must resist to the uttermost (19 Wend. [N. Y.] 192; 13 Mich. 427), to the point of inability longer to resist (59 N. Y. 374) ; and acquiescence, however tardy or reluctant, prevents the offense from being rape (82 Va. 653; 124 111. 576). In Old English Law. A division of a county similar to a hundred, but oftentimes containing in it more hundreds than one.

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This definition of Rape is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

Most states have created an offense commonly known as statutory rape where the crime consists of having sexual intercourse with a female under statutory age. The offense may be either with or without the female’s consent.

(Revised by Ann De Vries)

What is Rape?

For a meaning of it, read Rape in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Rape.

Rape in State Statute Topics

Introduction to Rape (State statute topic)

The purpose of Rape is to provide a broad appreciation of the Rape legal topic. Select from the list of U.S. legal topics for information (other than Rape).

Concept of Rape in relation to Safe Place

Definition of Rape in this context: Unwanted penetration (vaginal, anal, oral, or object penetration by an offender) achieved through physical force, threat of force, or incapacitation of the victim.

Cause of Action Against a Landlord for Inadequate Security Resulting in Rape of a Tenant: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action Against a Landlord for Inadequate Security Resulting in Rape of a Tenant, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

Resources

Further Reading

• Information about Rape in the Gale Encyclopedia of American Law.

Rape, Sexual Behaviour and the Law

Further Reading

• Rape in the Encyclopedia of Sexual Behavior and the Law

Rape and Sexual Assault in the Criminal Justice System