Legal Frameworks for Criminal Rape: Common Law and Statutory Interpretations, Study notes of Law

Download Legal Frameworks for Criminal Rape: Common Law and Statutory Interpretations and more Study notes Law in PDF only on Docsity! Criminal
Rape
–
Legal
Frameworks
 
 
 us.docsity.com
 Elements Common Law MPC Majority-Statute Minority-Statute NOTES -NO STATUTORY RAPE in MPC see §213.3 -Sexual Assault (lesser forms of rape): §213.4 -GSI: Rape w/o resistance or physical force (threats) Issue of FORCE or THREAT of FORCE *Florida-no force=2nd degree rape *Wisconsin-3rd degree no force (1st and 2nd degree have force requirement) Physical force risking serious bodily injury or threat of serious bodily injury or threat required Verbal threat- not force=not rape Compelled to submit by force or by threat of serious bodily injury, or by threat of imminent death, extreme pain or kidnapping, to be inflicted on anyone GSI: Compelled to submit by threat that would prevent resistance by a woman of ordinary resolution (reasonable person standard) *MPC follows majority statute Mary: Rusk- reasonable fear of death or serious bodily injury can replace need for force or resistance CA: force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another NY: use of physical force or threat which places a person in fear of immediate death or physical harm (others included) NC: needs to be force beyond that needed for penetration (serious bodily harm) Montana: must be threat of bodily harm (Thompson) Penn: compulsion by physical, intellectual, emotional, moral, or psychological force NJ: no force beyond that needed to penetrate (MTS) NH: Threats of retaliation enough to show force (Lovely)