The crime of rape is committed by a person who:  

(1) recklessly through force or violence, or recklessly through threat of force or violence, does knowingly coerce a person into sexual intercourse; or

 (2) recklessly through the exploitation of a position of authority or influence does knowingly coerce a person into sexual intercourse; or

(3) recklessly engages in sexual intercourse with disregard of a reasonably discernable, nonconsensual act or expression by another; or

 (4) recklessly engages in sexual intercourse when the victim is incapable of giving consent because of mental deficiency, disease or intoxication.

 Definitions

Sexual intercourse

Unless for the legitimate and necessary purpose of medical or law-enforcement examination, the act of sexual intercourse is defined as:

        A) the penetration, however slight, of the anus or vagina of another with any body-part or object; or

       B) the insertion, however slight, of the penis into the anus or vagina of another.

       C) fellatio or cunnilingus.

 Reasonably discernable nonconsensual act:  Oral communication that intercourse is not wanted; or physical resistance implying lack of consent.

Legislative comments:

1. Need to specifically outline language that covers Male being raped by a
woman.
a. Isn’t “insertion” implied in the first draft?  However to be clear that a
female can be the perpetrator of a rape, perhaps some change needs to be
made.
b. If we simply included insertion in our first draft definition it would
change the meaning of the language so that any victim might have to prove
insertion (which has different connotations) rather than “penetration,
however slight.”
c. So insertion will be defined separately.

2. Legitimate and necessary medical…:
a. Debate concerning the inclusion of And/Or between legitimate / necessary.
b. AND is necessary because there could be scenarios where there could be a
medically legitimate procedure that is not necessary -- instead done for
some other purpose which would be considered rape.

3. Inclusion of fellatio:
a. If included in the “Insertion” clause, it changes the meaning of
insertion back to male on female rape.
b. Can another statute cover fellatio?
c. The face is a highly personal organ, that for some could be a greater
violation than vagina/anus rape.
d. Forced fellatio is definitely worse than other sexual assaults, but where
is the boundary?
e. The purpose of the statute is to change the classic definition of rape
and because we have included sodomy within the statute, fellatio might not
be covered elsewhere, or might carry a lower stigma