Katniss Peeta Rape Case

Yes, Peeta committed rape. In order for there to be a crime two elements must be satisfied, actus reas and mens rea. The mental intent was satisfied when Peeta found out Katniss was dating someone else and went to confront her, then threatened to kill himself with a knife if she would not submit to sexual intercourse with him. It is reasonable to assume that a cool down period had elapsed and this was not done in the heat of passion. The guilty act of rape has three criteria that needs to be met and in this case is satisfied under California Penal Code Section 261 a2 and a6. In Section 261 (a) defines rape as “an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, and which meets any of the following circumstances …show more content…
Penal Code § 261).” Peeta Peeta held a knife to his neck and threatened to kill himself if Katniss would not have sex with him. She had every reason to believe that Peeta would carry out the act of suicide. Katniss submitted to his request under duress. California Penal Code Section 261 (b) defines duress as “a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted (Rape, Cal. Penal Code § 261).” It is reasonable for Katniss to believe that Peeta would have killed himself after holding a knife to his neck and stating “if you don’t make love with me now, I’d kill myself!” Also, since she was no longer dating Peeta, it is reasonable to believe she would not have performed the act of sexual intercourse. His act of psychological coercion forced her to preform this act. This is consistent with the ruling in People v. Minsky, “the psychological coercion brought to bear by the defendant was sufficient to coerce a reasonable person to acquiesce to defendant’s sexual demand (People v. Minsky,