Rape Crimes

Rape: CL (traditional)

·         carnal knowledge of a woman

·         forcibly

·         against her will.

1: “Carnal Knowledge”

·         penetration of female sex organ by male organ.

o    Reflects gender biases, only woman able to be raped and only men could be rapists

“Forcibly

·         Def: required the use of force or threat of force beyond what is nec to penetrate

o    Limited altern. eliminating force: Fraud, intoxication

o    May be SUBJ- failing to manifest her wishes outwardly

o    May be OBJ-verbally obtaining or physically expressed

Against her Will

·         Defined- non-consent of the victim

3 Competing Reform Approaches

1) Eliminate Model 

2) Force Only Model

3) Consent Only Model

(Eliminate) Model

o   Approach #1 — Eliminate “Rape” as a standalone crime. One camp said: ditch the word “rape,” call it what it is—assault/battery/kidnapping—and scale PMNT via aggravators

Force Only Model

Approach #2 - argued the focus should be only on the D's use of force.

Consent Only Model

·          Approach #3 - made the focus the ♀’s consent / whether ♀ resisted was a measure of consent (eliminate force req)

§  - All non-consensual sex is rape regardless of force (NJ)

 

NY’s Gender-Neutral, (3)

1) Rape in the 1st º — (Class B felony)

2) Rape in the 2nd º — (Class D felony)

3) Rape in the 3rd º (Class E felony

Affirmative Consent Rules:

Affirmative consent is defined as 

·         the knowing, voluntary, and 

·         mutual decision among all participants 

to engage in sexual activity