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5 Cards in this Set

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  • Back
Elements of Common Law Rape 1
The victim must be a woman.

Common law rape occurs only if a woman is raped by a man.
Elements of Common Law Rape 2
Requires penetration of the vagina by the penis.

Not a finger, tongue, etc. Must be a penis.
Elements of Common Law Rape 3
Any penetration, however slight, is sufficient.

Don't have to "finish" or emit semen.
Elements of Common Law Rape 4
No rape if the man is married to the woman, even if they are separated.
Elements of Common Law Rape 5
The woman must RESIST the attacker. She must cry out or resist, or may be considered as having consented to the act.