forcible rape.
nypl 130.05 sex offenses; lack of consent
1. whether or not specifically stated, it is an element of every offense defined in this article hat the sexual act was committed without consent of the victim.
2. lack of consent (n.b. - term of art) results from:
(a) forcible compulsion; or
(b) incapacity to consent; or
nypl 130.00 sex offenses; definitions of terms
8. "forcible compulsion" means to compel be either:
(a) use of physical force; or
(b) a threat, express or implied, which places a person in fear of immediate death or physical injury....
nypl 130.35: rape in the 1st degree. a person is guilt of rape in the first degree when s/he engages in sexual intercourse with another person:
1. by forcible compulsion;
berkowitz.
backrub? NO
bed? NO; floor
pushed, straddled, kissed.... I GOTTA GO
fondled... NO
attempted oral sex.... NO (anyone who's ever fed a baby knows the universal NO symbol)
locks door, and D says that it was for privacy; the ct did not characterize this as a threat to P
"puts" P on the bed, D straddles and and undresses P
18 Pa. C.S.A. s. 3121 (at this time) requires and doesn't require resistance, but does require "forcible compulsion". and the forcible compulsion must be by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution
common social conduct.
is this non/violent social conduct (for a rape it must be considered violent): is it good or bad social conduct, and should it be criminalized?
utilitarian argument: harm
to what extent should the law shape social norms?
No comments:
Post a Comment