Traditional Elements:
  • 1. Sexual intercourse
  • 2. With a woman
  • 3. By a man
  • 4. Without consent
  • 5. Against her will (requiring utmost resistance)
  • 6. Not her husband
  • a. Timely notice
  • b. Corroboration
  • c. Lord Hale’s charge: "rape is an accusation easily to be made, hard to be proved, and harder yet to be defended by the party accused, tho' never so innocent"
  • d. Impeachment

State v. Rusk (focusing on Actus Reus)
  • Met victim at bar, voluntarily gave ride home.
  • Appellate court said not rape, but higher court sustained original jury verdict.

People v. Iniquez
  • Aunt’s fiance lay on top of her and raped her, she did not physically resist, simply laid there.
  • Appeals court said insufficient evidence of fear of bodily injury, state supreme court said no, jury could have reasonably concluded there was fear of bodily injury.
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