ec-25 - Common law rape o Four elements o Intercourse...

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Common law rape o Four elements: Intercourse achieved by force or threat of bodily harm Vaginal intercourse Between man and a woman who is not his wife Done without the consent of the female o Victim’s credibility came into play, based on: Her chastity Whether she reported the rape promptly Whether any witnesses could corroborate her story o STRONG presumption that victim was “faking it” Rape shield statues: banned prosecution from introducing evidence of victims’ past sexual conduct Elements of modern rape o Actus reus: sexual penetration by force or threat of force Reasonable resistance rule: the resistance displayed by victim is based on the totality of circumstances (previously was utmost resistance; unless victim resisted by any and every means possible, attacker could not be convicted of the crime) Extrinsic force: force required is something beyond what’s needed to accomplish penetration Intrinsic force: only amount of force is that required to accomplish the
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This note was uploaded on 04/19/2011 for the course ECON 200 taught by Professor Staff during the Winter '09 term at Indiana.

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ec-25 - Common law rape o Four elements o Intercourse...

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