6 - Offenses against Persons—Sex Related

Abstract

In this chapter, nonconsensual sex crimes are considered and the elements of the crimes are discussed. The most serious sex crime is rape. Rape is defined as the act of unlawful carnal knowledge by a man of a woman, forcibly and against her will. While some courts in the past have admitted evidence concerning the complainant's past sexual activities on the issue of whether the carnal knowledge was against the will of the female, the modern trend is to limit the use of evidence relating to such sexual activities. The Model Penal Code defines the crime of rape in different terms than were used in the common law offenses. The differences include grading the crime by degree of seriousness determined by the dangerousness manifested by the actor and the degree of harm inflicted upon the victim. In general, modern rape statutes may be characterized as either “forcible rape” (sexual intercourse by force or threat of force), or “statutory rape” (sexual intercourse with victims incapable of giving consent because of age or mental incapacity). Within the latter category, most states have adopted statutes that increase punishment according to the age of the victim, with younger victims (typically under the age of 12) receiving the greatest protection.