Rape

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Background

Originally at common law, rape referred to unlawful sexual intercourse by a man with a woman who was not his wife, through force and against her will.[1] Under this definition, marriage was an automatic defense to rape, as a husband could not be convicted of raping his wife. In modern times, the definition of rape has broadened considerably to include the recognition of marital rape and to make gender (of both the perpetrator and the victim) irrelevant.

Model Penal Code

Variation by Jurisdiction

  1. Black's Law Dictionary, 9th edition (2009)