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What is rape?

Under common law, rape was defined as an act of sexual intercourse by a male with a female person without her consent. Modern statutes define rape similarly. As far as "intercourse" is concerned, even a quick penetration will satisfy this requirement. Therefore, a man does not have to finish in the woman in order to be guilty of rape. As far as consent is concerned, intercourse accomplished by threats may constitute rape. Also, if the woman is incapable of consenting (e.g. she is drunk, unconscious, etc.), any intercourse may constitute rape.

Can a husband rape his wife?

Under common law, a man could not rape his wife. However, most jurisdictions have abandoned that rule and forced intercourse by a husband may now land him in jail for rape.

 

 

 

 

DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.