• Rape is generally defined as the “taking of sexual intimacy with an unwilling person by force or without consent.”

• Rape is usually intercourse; sexual assault is other sexual contact without consent.

• Rape is typically a general intent offense, meaning that as long as the act is not consensual, mens rea has been satisfied.

• The actus reus of rape varies somewhat, depending on whether the rape occurs by force, deception, the victim is asleep or unconscious, or the victim cannot give consent.

• Recent developments in rape law have tipped the scales in favor of the prosecution.

• Most states have abandoned the requirement that rape victims corroborate their allegations with physical evidence.
• Defense attorneys are now significantly limited in their abilities to attack the credibility of a suspected rape victim because of states’ enactment of so-called rape shield laws.

Questions:-

1. How does sexual assault compare to rape?
2. Explain the mens rea of rape.
3. What legislative developments have affected a prosecutor’s ability to prove rape in court? Explain.