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rape :: legal definition


Rape - 1) n. the crime of sexual intercourse (with actual penetration of a woman's vagina with the man's penis) without consent and accomplished through force, threat of violence or intimidation (such as a threat to harm a woman's child, husband or boyfriend). What constitutes lack of consent usually includes saying "no" or being too drunk or drug-influenced for the woman to be able to either resist or consent, but a recent Pennsylvania case ruled that a woman must do more than say "no" on the bizarre theory that "no" does not always mean "don't," but a flirtatious come-on. "Date rape" involves rape by an acquaintance who refuses to stop when told to. Defense attorneys often argue that there had to be physical resistance, but the modern view is that fear of harm and the relative strengths of the man and the woman are obvious deterrents to a woman fighting back. Any sexual intercourse with a child is rape and in most states sexual relations even with consent involving a girl 14 to 18 (with some variation on ages in a few states) is "statutory rape," on the basis that the female is unable to give consent. 2) v. to have sexual intercourse with a female without her consent through force, violence, threat or intimidation, or with a girl under age. Technically, a woman can be charged with rape by assisting a man in the rape of another woman. Dissatisfied with the typical prosecution of rape cases (in which the defense humiliates the accuser, and prosecutors are unable or unwilling to protect the woman from such tactics), women have been suing for civil damages for the physical and emotional damage caused by the rape, although too often the perpetrator has no funds. Protection services for rape victims have been developed by both public and private agencies. On the other side of the coin, there is the concern of law enforcement and prosecutors that women whose advances have been rejected by a man, or who have been caught in the act of consensual sexual intercourse may falsely cry "rape."

See also: date rape statutory rape and Related Law Terms ↓


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
carnal knowledge :: n. from Latin carnalis for "fleshly:" sexual inter ... tate. See also: rape statutory rape
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
crime against nature :: n. an oldfashioned term for sodomy (anal sexual in ... states. See also: bestiality sodomy
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery
due care :: n. the conduct that a reasonable man or woman will ... "reasonable" man or woman would do.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
forcible entry :: n. the crime of taking possession of a house or ot ... ce after having come in peacefully.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fornication :: n. sexual intercourse between a man and woman who ... obbers, murderers and drug dealers.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape
stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money.
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - R

race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses.
racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property.
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective.
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence