Abstract
In modern Scots law, as in English law,force is not a necessary part of the actus reus of rape so long as the victim remained unwilling throughout (although the case of the insensible victim is excluded). It is argued that this leads to an inadequate construction ofthe offence ofrape and ofthe role ofwomen in sexual relationships. An alternative and preferable formulation would be based, around the idea of the victim's will being overcome, or the victim not having a fair opportunity to exercise her will.
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