Sign In To HealthyPlace Cancel

   
Forgot your password?


advertisement.png
REGISTER SIGN IN BOOKMARK
advertisement.png
Legal Definition of Rape
Written by Lis   
PDF Print E-mail
Nov 18, 2008 A +  A -  RESET  

UNLAWFUL INTERCOURSE

Where a perpetrator, intending to induce a victim into fearing physical injury or death for herself or a relative, obtains consent through a false or fraudulent representation, he commits the crime of unlawful sexual intercourse. The representation must be such as would cause a reasonable person in like circumstances to consent.

EVIDENTIARY AND OTHER RULES

  • Corroboration rule abolished.
  • Cautionary instructions abolished.
  • Psychiatric examinations of complaining witness not generally allowed.
  • In general evidence of the complaining witness's prior sexual conduct is not admissible.

Exceptions:

  • prior sexual contact with the defendant
  • as rebuttal evidence if the prosecutor introduces such evidence
  • where relevant to attack the credibility of the complaining witness (strict procedure, hearing out of presence of the jury, special findings required) -- prior sexual conduct generally is not relevant to the issue of whether the witness is to be believed, but in certain special cases it may be, e.g.., where the defense makes a creditable showing she has a reason to lie and that reason relates to her prior sexual conduct.

next: What to Do If You've Been Raped



Top   |   E-mail   |  
Last Updated( May 05, 2009 )
reviewed by: Harry Croft, MD
Psychiatrist, HealthyPlace.com Medical Director
 

NEWSLETTER SIGNUP

Sign up for the HealthyPlace.com newsletter mailing list.
* Email
* First Name
* Last Name
* = Required Field
advertisement.png