Rape

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. 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

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

(b) he has substantially impaired her power to appraise or control her conduct by administering or employing without her knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or

(c) the female is unconscious; or

(d) the female is less than 10 years old.

Rape is usually a felony in the second degree. However, if the perpetrator inflicts serious bodily injury upon anyone, or if the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, the rape is categorized as a felony in the first degree. The same section (213.1) also addresses the lesser offense of gross sexual imposition.

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.

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