Common law defined rape as “sexual intercourse by a male with a female not his wife” per the Model Penal Code (MPC) Chapter 25 Rape § 25.01(A) General Principles. To be considered rape, the MPC states the rape must be committed by force, deception, when the woman is sleeping or unconscious, or if the female is not in a condition to give consent. Situations where a woman would not be able to give consent include being under the influence of drugs, alcohol, underage, or mentally disabled.
Today, modern statutes have moved away from the term rape and use the term sexual assault. Sexual assault is described as “non-forcible, but non-consensual, sexual intercourse” per the MPC Chapter 25 Rape § 25.01(C) General Principles. An example of this crime is a male having sexual intercourse with a female who is drugged or unconscious. The definition of sexual assault now includes any form of sexual penetration.
Rape statutes are now gender neutral when referring to the offender and the victim. This means that a female may be accused of raping a male. The male may accuse any female who forces a male to have sex with her of rape. Changing the rape statutes to read sexual assault helps males press rape charges.
Under the MPC, males may still be charged with rape if he intentionally, recklessly, and knowingly “has sexual intercourse with a female” less than ten years old, with an unconscious female, uses force or threat of death, bodily harm, torture, or kidnapping, or gives the female intoxicants or drugs that impair her ability to manage her conduct (Chapter 25 Rape § 25.01(D) General Principles).
References
American Law Institute. (1962). Model penal code. Retrieved from
http://www.lexisnexis.com/lawschool/study/outlines/html/crim/crim25.htm.
