Rape - Revision history

Nsun2010: /* Common Defenses */

2011-02-13T20:58:50Z

Common Defenses

← Older revision		Revision as of 22:58, 13 February 2011
Line 29:		Line 29:
	==Common Defenses==		==Common Defenses==

	A common defense to rape is that the person consented to the sexual intercourse.<ref>Stephen Lease, Assault with Intent to Rape and Related Offenses, Corpus Juris Secundum (2010)</ref> Intoxication is generally not a defense to a rape charge. It may, however, be a defense to rape if it produces a mental condition of insanity (though this is an extremely rare occurrence).<ref>Stephanie A. Giggetts, Rape Defenses: Intoxication, American Jurisprudence, Second Edition (2010)</ref>		A common defense to rape is that the person consented to the sexual intercourse.<ref>Stephen Lease, Assault with Intent to Rape and Related Offenses, Corpus Juris Secundum (2010)</ref> Intoxication is generally not a defense to a rape charge. It may, however, be a defense to rape if it produces a mental condition of insanity (though this is an extremely rare occurrence).<ref>Stephanie A. Giggetts, Rape Defenses: Intoxication, American Jurisprudence, Second Edition (2010)</ref> Furthermore, the reputation of the victim (i.e. previous unchaste character) is not a defense. The fact that the defendant may not be able to complete the act of rape does not negate a charge of assault with the intent to commit rape, but it may speak to the accused's intent.<ref>Stephen Lease, Rape- Corpus Juris Secundum, Dec. 2010</ref>

	==Foreign Jurisdictions==		==Foreign Jurisdictions==

Nsun2010: /* Foreign Jurisdictions */

2011-01-27T03:16:16Z

Foreign Jurisdictions

← Older revision		Revision as of 05:16, 27 January 2011
Line 46:		Line 46:

	(5) In less serious cases under subsection (1) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsections (3) and (4) above imprisonment from one to ten years.<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>		(5) In less serious cases under subsection (1) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsections (3) and (4) above imprisonment from one to ten years.<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>

			'''Kenya'''

			Section 139 of the Kenyan Criminal Code defines "rape" as the "unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or, in the case of a married woman, by personating her husband."<ref>http://www.interpol.int/public/Children/SexualAbuse/NationalLaws/csaKenya.asp</ref> Rape is a felony in Kenya and is punishable by imprisonment for life, with or without corporeal punishment.<ref>http://www.interpol.int/public/Children/SexualAbuse/NationalLaws/csaKenya.asp</ref>

	----		----

Nsun2010: /* Common Defenses */

2011-01-27T03:11:50Z

Common Defenses

← Older revision		Revision as of 05:11, 27 January 2011
Line 29:		Line 29:
	==Common Defenses==		==Common Defenses==

			A common defense to rape is that the person consented to the sexual intercourse.<ref>Stephen Lease, Assault with Intent to Rape and Related Offenses, Corpus Juris Secundum (2010)</ref> Intoxication is generally not a defense to a rape charge. It may, however, be a defense to rape if it produces a mental condition of insanity (though this is an extremely rare occurrence).<ref>Stephanie A. Giggetts, Rape Defenses: Intoxication, American Jurisprudence, Second Edition (2010)</ref>

			==Foreign Jurisdictions==

			'''Germany'''

			The German Criminal Code section 177 covers sexual assault and rape. It states that:

			(1) Whosoever coerces another person by force;by threat of imminent danger to life or limb; orby exploiting a situation in which the victim is unprotected and at the mercy of the offender, to suffer sexual acts by the offender or a third person on their own person or to engage actively in sexual activity with the offender or a third person, shall be liable to imprisonment of not less than one year.

			(2) In especially serious cases the penalty shall be imprisonment of not less than two years. An especially serious case typically occurs if the offender performs sexual intercourse with the victim or performs similar sexual acts with the victim, or allows them to be performed on himself by the victim, especially if they degrade the victim or if they entail penetration of the body (rape); orthe offence is committed jointly by more than one person.

			(3) The penalty shall be imprisonment of not less than three years if the offender carries a weapon or another dangerous instrument;otherwise carries an instrument or other means for the purpose of preventing or overcoming the resistance of another person through force or threat of force; orby the offence places the victim in danger of serious injury.

			(4) The penalty shall be imprisonment of not less than five years if the offender uses a weapon or another dangerous instrument during the commission of the offence; or ifthe offender(a)seriously physically abuses the victim during the offence; or(b)by the offence places the victim in danger of death.

			(5) In less serious cases under subsection (1) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsections (3) and (4) above imprisonment from one to ten years.<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>

	----		----

Nsun2010: /* Variation by Jurisdiction */

2011-01-27T01:51:03Z

Variation by Jurisdiction

← Older revision		Revision as of 03:51, 27 January 2011
Line 26:		Line 26:

	Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>		Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>

			==Common Defenses==


	----		----
	See [[Crimes]]		See [[Crimes]]

Ibjadmin: /* Variation by Jurisdiction */

2011-01-21T08:38:05Z

Variation by Jurisdiction

← Older revision		Revision as of 10:38, 21 January 2011
Line 26:		Line 26:

	Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>		Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>

	----		----
	See [[Crimes]]		See [[Crimes]]


	==Notes==		==Notes==

	<references>		<references>

Ibjadmin: /* Variation by Jurisdiction */

2011-01-21T08:37:38Z

Variation by Jurisdiction

← Older revision		Revision as of 10:37, 21 January 2011
Line 27:		Line 27:
	Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>		Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>

			----
			See [[Crimes]]


			==Notes==

	<references>		<references>

Nsun2010: /* Variation by Jurisdiction */

2011-01-21T00:27:21Z

Variation by Jurisdiction

← Older revision		Revision as of 02:27, 21 January 2011
Line 20:		Line 20:

	'''New York'''		'''New York'''


	The New York Penal Code separates the crime of rape into three degrees. Rape in the first degree is when a person engages in sexual intercourse with another person by force, or who is incapable of consent by reason of being physically helpless; or who is less than eleven years old; or who is less than thirteen years old and the actor is eighteen years old or more. Rape in the first degree is a class B felony.<ref>New York Penal Code § 130.35 (2009)</ref> Rape in the second degree is when a person is 18 years old or more and he or she has sexual intercourse with another person less than 15 years old (see [[Statutory Rape]]), or a person engages in sexual intercourse with another who is incapable of consent due to a mental disability. An individual has an affirmative defense to the crime of rape in the second degree if he or she was less than four years older than the victim at the time of the act. Rape in the second degree is a class D felony.<ref>New York Penal Code §130.30 (2009)</ref> A person is guilty of rape in the third degree when: he or she engages in sexual intercourse with another who is incapable of consent by reason of some factor other than being less than seventeen years old; is twenty-one years old or more and engages in sexual intercourse with another person less than seventeen years old; or engages in sexual intercourse with another without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. Rape in the third degree is a class E felony.<ref>New York Penal Code § 130.25 (2009)</ref>		The New York Penal Code separates the crime of rape into three degrees. Rape in the first degree is when a person engages in sexual intercourse with another person by force, or who is incapable of consent by reason of being physically helpless; or who is less than eleven years old; or who is less than thirteen years old and the actor is eighteen years old or more. Rape in the first degree is a class B felony.<ref>New York Penal Code § 130.35 (2009)</ref> Rape in the second degree is when a person is 18 years old or more and he or she has sexual intercourse with another person less than 15 years old (see [[Statutory Rape]]), or a person engages in sexual intercourse with another who is incapable of consent due to a mental disability. An individual has an affirmative defense to the crime of rape in the second degree if he or she was less than four years older than the victim at the time of the act. Rape in the second degree is a class D felony.<ref>New York Penal Code §130.30 (2009)</ref> A person is guilty of rape in the third degree when: he or she engages in sexual intercourse with another who is incapable of consent by reason of some factor other than being less than seventeen years old; is twenty-one years old or more and engages in sexual intercourse with another person less than seventeen years old; or engages in sexual intercourse with another without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. Rape in the third degree is a class E felony.<ref>New York Penal Code § 130.25 (2009)</ref>

Nsun2010: /* Variation by Jurisdiction */

2011-01-21T00:27:01Z

Variation by Jurisdiction

← Older revision		Revision as of 02:27, 21 January 2011
Line 21:		Line 21:
	'''New York'''		'''New York'''


			The New York Penal Code separates the crime of rape into three degrees. Rape in the first degree is when a person engages in sexual intercourse with another person by force, or who is incapable of consent by reason of being physically helpless; or who is less than eleven years old; or who is less than thirteen years old and the actor is eighteen years old or more. Rape in the first degree is a class B felony.<ref>New York Penal Code § 130.35 (2009)</ref> Rape in the second degree is when a person is 18 years old or more and he or she has sexual intercourse with another person less than 15 years old (see [[Statutory Rape]]), or a person engages in sexual intercourse with another who is incapable of consent due to a mental disability. An individual has an affirmative defense to the crime of rape in the second degree if he or she was less than four years older than the victim at the time of the act. Rape in the second degree is a class D felony.<ref>New York Penal Code §130.30 (2009)</ref> A person is guilty of rape in the third degree when: he or she engages in sexual intercourse with another who is incapable of consent by reason of some factor other than being less than seventeen years old; is twenty-one years old or more and engages in sexual intercourse with another person less than seventeen years old; or engages in sexual intercourse with another without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent. Rape in the third degree is a class E felony.<ref>New York Penal Code § 130.25 (2009)</ref>

	'''Maryland'''		'''Maryland'''

Nsun2010: /* Variation by Jurisdiction */

2011-01-21T00:16:56Z

Variation by Jurisdiction

← Older revision		Revision as of 02:16, 21 January 2011
Line 19:		Line 19:
	==Variation by Jurisdiction==		==Variation by Jurisdiction==

			'''New York'''


			'''Maryland'''

			Section 303.3 of the Maryland Criminal Code states that a person may not engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other. If the person employs or displays a dangerous weapon, inflicts serious injury on the victim, threatens to inflict serious injury on the victim, or commits the act in connection with a burglary, this offense is categorized as rape in the first degree and is subject to imprisonment not exceeding a life sentence. However, if a person engages in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or if the victim is a mentally defective or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim, then this offense is categorized as rape in the second degree. The perpetrator of such a crime is subject to imprisonment not exceeding 20 years.<ref>Maryland Criminal Code § 3-304 (2002</ref>


	<references>		<references>

Nsun2010: /* Model Penal Code */

2011-01-21T00:05:27Z

Model Penal Code

← Older revision		Revision as of 02:05, 21 January 2011
Line 5:		Line 5:
	==Model Penal Code==		==Model Penal Code==

	Under the Model Penal Code § 213.1, A male who has sexual intercourse with a female not his wife is guilty of rape if:		Under the Model Penal Code § 213.1, a male who has sexual intercourse with a female not his wife is guilty of rape if:

	(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or		(a) he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or