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Criminal Law • Sex Offenses
CRIMLAW#031
Legal Definition
Rape is the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. Modern statutes have renamed "rape" as gender-neutral "sexual assault." Even slight penetration is sufficient.
Plain English Explanation
First, let's address a few horrifying facts under the traditional rule for rape: (1) only women can be raped, not men; (2) only men could rape women, not other men; and (3) a husband could not be guilty of raping his wife. These are the rules you must generally be aware of for exams.
That being said, modern statutes have updated the crime to make it possible for men to also be victims of rape. It's also important to note that even the most slightest sexual penetration of one person's body by the body of another constitutes a rape or sexual assault.
That being said, modern statutes have updated the crime to make it possible for men to also be victims of rape. It's also important to note that even the most slightest sexual penetration of one person's body by the body of another constitutes a rape or sexual assault.
