Legislative Team 1:
Sexual Intercourse is defined as: any penetration, however slight, of the
female sex organ, mouth, or anus by the male sex organ, finger, instrument or
object.
1st Degree Rape is:
Knowingly having sexual intercourse with another person, with knowledge that the
person does not consent to that sexual intercourse; and the actor inflicts
serious bodily injury or displays a deadly weapon or dangerous instrument in a
threatening manner.
1st degree rape is a Class A felony punishable by a term life imprisonment a
sentence not less than 10 years in prison.
2nd Degree Rape is:
Knowingly having sexual intercourse with another person, with knowledge that the
person does not consent to that sexual intercourse.
2nd degree rape is a class C felony punishable by a term in prison not less than
5 years.
3rd Degree Rape is:
Knowingly having sexual intercourse with another person with a conscious
disregard for that person's consent to the sexual intercourse.
3rd degree rape is class C felony punishable by a term in prison not to exceed 1
year.
1st Degree Statutory Rape is:
Knowingly having sexual intercourse with another person who is less than 12
years of age, and the actor is 21 years of age or older.
1st Degree Statutory Rape is class A felony, punishable by a term no less than
10 years and a maximum of life imprisonment
2nd Degree Statutory Rape is:
Knowingly having sexual iDegree Statutory Rape intercourse with another person
who is less than 14 years of age, and the actor is 21 years of age.
2nd Degree Statutory Rape is a class B felony, punishment by a term no less than
5 years and a maximum of life imprisonment.
3rd Degree Statutory Rape is:
Knowingly having sexual intercourse with another person who is less than 18
years of age when the actor is 21 years of age or older; and the actor has
knowledge that the victim is under 18 years of age; and the actor has knowledge
the victim does not consent.
3rd Degree Statutory Rape a Class C felony punishable by not more than one year
imprisonment.
It is not a defense to knowledge of consent under these circumstances:
(A) When the victim is overcome by force or fear;
(B) when the victim is unconscious or physically powerless; or
(C) when the victim is incapable of giving consent because of mental deficiency
or disease, or when the victim is incapable of giving consent because of the
effect of any alcoholic liquor, narcotic, drug or other substance, which
condition was known by the offender or was reasonably apparent to the offender
(D) sexual intercourse with a child who is under 14 years of age;
(E) sexual intercourse with a victim when the victim's consent was obtained
through a knowing misrepresentation made by the offender that the sexual
intercourse was a medically or therapeutically necessary procedure; or
(F) sexual intercourse with a victim when the victim's consent was obtained
through a knowing misrepresentation made by the offender that the sexual
intercourse was a legally required procedure within the scope of the offender's
authority.
(G) It shall be a defense to a prosecution of rape under subsection (a)(2) that
the child was married to the accused at the time of the offense.
Legislative Team 2:
Model Penal Code
RAPE STATUTE
The
crime of rape is committed by a person who:
through force or violence, or through threat of force or violence, does
knowingly coerce a person into sexual intercourse; or
through the exploitation of a position of authority or influence does
knowingly coerce a person into sexual intercourse; or
engages in sexual intercourse with disregard to a reasonably discernable,
nonconsensual act or expression by another; or
engages in sexual intercourse when the victim is incapable of giving consent because of mental deficiency, disease or intoxication.
Definitions
Sexual intercourse:
the penetration, however slight, of the anus or vagina of
another with any body-part or object that is not for the purpose of medical or
law-enforcement examination.
Reasonably discernable nonconsensual act:
Oral communication that intercourse is not wanted; or
physical resistance inferring lack of consent.Legislative Team 3:
Legislative Team 4:
Rape in the First Degree:
Sexual intercourse knowingly carried out by violence or immediate threat of severe bodily injury.
*A person is also guilty of rape in the first degree if the sexual intercourse occurs
when the victim is unconscious or
when the victim is involuntarily incapacitated due to the perpetrator’s
actions.
Sexual intercourse knowingly carried out despite overt
words or actions indicating the victim’s non-consent.
*Intoxication, when used as an affirmative defense,
must be viewed objectively, using the standard of a reasonable person.
Sexual Intercourse is defined as:
Any cunnilingus or fellatio, or any vaginal or anal penetration, however slight. Sexual intercourse does not require the exchange of bodily fluids.
Legislative Team 5:
Rape Statute
A person commits the act of rape when they engage in sexual intercourse with another person, without that person’s consent by showing reckless disregard in the following circumstances:
(1) When resistance is affirmatively expressed by words or conduct.
(2) When the other person is incapacitated or in a state unable to give consent, or is otherwise mentally incapable of consent.
(3) Where a substantial threat reasonably coerces consent.
(4) Where the victim is overcome by force or a threat of force
(5) Where consent is obtained through a knowing misrepresentation that the sexual intercourse was a legally required procedure or was a therapeutic or medically necessary procedure.
Legislative Team 6:
Rape in the First Degree:
1. 1st degree rape is: sexual intercourse with a person
who does not consent to the sexual intercourse where force or threat, either
express or implied, is used to overcome the victim’s resistance
a. Knowledge should be
applied to the element of consent only
b. The other elements
require no state of mind
2. Consent can not be given under the following circumstances:
a.
Incapacitation
b. Unconsciousness
Rape in the Second Degree:
1. 2nd degree rape is: sexual intercourse with a person
who does not consent to the sexual intercourse where force or threat, either
express or implied, is used to overcome the victim’s resistance
a. Reckless
should be applied to element of consent only
b. The other elements require no state of mind
2. Consent can not be given under the following circumstances:
a.
Incapacitation
b.
Unconsciousness
Sexual Intercourse Defined:
Any act involving the genitals of one person and the mouth,
tongue, or anus of another person or a sexual act involving the penetration,
however slight, of the male or female sex organ or the anus by a finger,
instrument or object done for the purpose of arousing or gratifying the sexual
desire of any person.
Incapacitation Defined:
Incapable of giving consent due to mental deficiency or disease, or because of the effect of alcohol or other drugs. Legislative
Team 7:
(A) A person commits the crime of rape if he/she compels another person to engage in sexual intercourse without that person’s consent.
(B) Definitions
(1) Compels—where it is accomplished against a person’s will by means of force, violence, duress, menace, threat, retaliation, or fear of immediate bodily injury, confinement, act of sex, or death of that person or another.
(2) Sexual intercourse—penetration of the penis, vulva or anus by any part of the body or object or masturbatory contact with the penis, vulva or anus done by the offender, another person, or beast. Sexual intercourse includes oral sexual contact with the penis, vulva or anus.
(3) Consent—
(a) is knowing and voluntary submission implicitly or explicitly communicated.
(b) is absent if victim is incapacitated due to mental disorder, mental defect, controlled substances (including over the counter), alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant.
(c) is absent if there is evidence that the victim suggested, requested, or otherwise communicated to the offender that the offender use a condom or other birth control device, without additional evidence of consent.
(d) is absent where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.
(e) is absent if the offender knows or reasonably knows that the victim submits or participates because the victim erroneously believes that the offender is the victim’s spouse.
(f) Is absent if the act is committed under the guise of providing professional diagnosis, counseling, or treatment. It is a defense to a prosecution if the act was done in furtherance of lawful medical practice.
(C) As with any MPC statute, a state of mind is an essential element of the crime. A state of mind may be established by proof that the conduct of the accused person was knowing, purposeful, or reckless as to the disregard of danger or lack of consent of the victim.
Legislative Team 8:
Our statute will
be construed in an MPC jurisdiction utilizing MPC construction rules.
An actor is guilty of rape if the actor commits an act of
sexual penetration with another person who does not consent under any of the
following circumstances:
1.
where it is accomplished against a person’s will by means of force,
violence, duress, or threat of immediate and unlawful bodily injury on the
person or another.
2.
where any of the following conditions is known by the actor or is
reasonably apparent to the actor: the
person is unconscious, physically powerless, incapable of giving consent because
of mental deficiency or disease, or incapable of giving consent because of the
effect of any alcoholic liquor, narcotic, drug or other substance.
3.
where the person’s consent is obtained through a knowing
misrepresentation made by the actor that the sexual penetration was a medically
or therapeutically necessary procedure or that the sexual penetration was a
legally required procedure within the scope of the actor’s authority.
“Sexual penetration” is defined as vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
Legislative Team 9:
Rape is sexual intercourse with another person without their consent, including situations where a victim is unable to consent due to the following circumstances:
- The victim is unconsciousness.
- The victim is incapacitated due to sedation, intoxication, or a controlled substance.
- The victim is under the age of 14.
-
The victim is mentally deficient or physically powerless.
- The victim is overcome by force
Aggravated rape occurs under any of the prior circumstances where:
- The defendant uses a dangerous instrument.
- The defendant makes threats of or causes severe physical injury or death of the victim.
- The defendant makes threats of or causes severe injury, death or kidnapping of another.
-
The defendant is the cause of the victim’s inability to consent.
Definitions:
1. Sexual intercourse: the penetration, however slight, of:
a) the genitals, anus or mouth by the sexual organ of another
b) or, the penetration of the anus or genitals by any instrument
2. Force: the exploitation of a victim’s mental or physical weakness.