- 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.