Elements Common Law MPC Majority-Statute Minority-Statute
NOTES -NO STATUTORY RAPE
in MPC see §213.3
-Sexual Assault (lesser
forms of rape): §213.4
-GSI: Rape w/o resistance
or physical force (threats)
Issue of FORCE or
THREAT of FORCE
*Florida-no force=2nd
degree rape
*Wisconsin-3rd degree no
force (1st and 2nd degree
have force requirement)
Physical force risking
serious bodily injury or
threat of serious bodily
injury or threat required
Verbal threat-not
force=not rape
Compelled to submit by
force or by threat of serious
bodily injury, or by threat
of imminent death, extreme
pain or kidnapping, to be
inflicted on anyone
GSI: Compelled to submit
by threat that would prevent
resistance by a woman of
ordinary resolution
(reasonable person
standard)
*MPC follows majority
statute
Mary: Rusk- reasonable fear
of death or serious bodily
injury can replace need for
force or resistance
CA: force, violence, duress,
menace, or fear of immediate
and unlawful bodily injury on
the person or another
NY: use of physical force or
threat which places a person
in fear of immediate death or
physical harm (others
included)
NC: needs to be force beyond
that needed for penetration
(serious bodily harm)
Montana: must be threat of
bodily harm (Thompson)
Penn: compulsion by
physical, intellectual,
emotional, moral, or
psychological force
NJ: no force beyond that
needed to penetrate (MTS)
NH: Threats of retaliation
enough to show force
(Lovely)
Resistance -Requirement of
reasonable resistance to
prove force or no
resistance if reasonable
fear of bodily harm
(Rusk)
-Requirement of reasonable
resistance to prove force for
rape
(More than token
resistance)
GSI: No proof of resistance
-Reasonable resistance or
fear explaining lack of
resistance (some states
require physical if
possible but some say it
can be verbal)
NJ: no resistance at all;
lack of permission is
enough
Mass: No need for
physical resistance-verbal
Rape Chart
