Rape and the Common Law
Learn about the changing elements under the common law for the crime of rape, as well as state-law enhancements to the crime.
This tutorial will cover crimes of rape and property theft, which along with homicide, comprise the three most common types of substantive offenses you are likely to run across. Let's start with the basics of rape under the common law.
I. Common law rape
Traditionally, rape is defined as sexual intercourse by a man with a woman where they aren't married, the man uses or threatens physical force, and the woman does not consent. In order to constitute an adequate threat of force, the common law...