Criminal(Rape(–(Legal(Frameworks(
( ( us.docsity.com(
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)
