Legal Definition and Related Resources of Rape

Meaning of Rape

carnal knowledge of a female person perpetrated forcibly and against her will. Statev Young, 191 S.E.2d369,16N.C.App. 101. unlawful carnal knowledge of a female over the age of ten years by force without the consent and against the will of the victim . Goldbergv state , (Md.App.)395 A.2d 1213. The following definition is to be found in People v Burroughs, 19 Cal.Rptr. 344, 100 Ca.2d 629: An act of sexual intercourse accomplished with a female not the wife of the perpetrator where the victim is prevented from resisting by the threat of great and immediate bodily harm accompanied by apparent power of execution . Rape has also been classified into rape in the first degree and in second degree by statutes. Rape in first degree is an act of sexual intercourse without regard to the age of the female, when accomplished with a female, not the wife of the perpetrator, where she resists but her resistance is overÂcome by force and violence or where she is prevented from resistance by threat of immediate and great bodily harm, accomÂpanied by apparent power of execution. See Huckelberry v State, 81 P.2d 493, 64 Okl.Cr.396. Rape in second degree is an act of sexual intercourse accomplished with a female, not the wife of the perpetrator under the age prescribed by statute (generally 16 or 18 years) whether such act is accomplished by force or with consent of victim.

Rape Alternative Definition

In Criminal Law. Unlawful carnal knowledge of a woman by force and with’ out her consent.
(1) Carnal knowledge is essential (67 Wis. 552), but by statute in most states, the slightest penetration is enough (see 45 Conn. 256; 102 N. Y. 234), though, at common law, emission was essential (1 East, P. C. 439). (2) The carnal knowledge must be unlawful; thus, forcible carnal knowledge by a man of his wife against her will is not rape. 1 Hale, P. C. 629. ‘ (3) The carnal knowledge must be by force, but constructive force, as by threats or intimidation, is sufficient (39 Fla. 155; 45 Conn. 263; 139 Ind. 531) ; and where the woman is insane or insensible, it has been said that the force necessary to accomplish the act is sufficient (53 Ark. 425; 50 Iowa, 189); but the weight of authority is that fraud (2 Swan [Tenn.] 394; 6 Ala. 765), as by personating the woman’s husband (11 Cox, C. C. 191; 7 Conn. 64), will not take the place of force (but see 94 Ind. 96). (4) The carnal knowledge must be without the woman’s consent. The phrase “against her will” is sometimes substituted, but it means no more than “without her consent.” 22 Wis. 445 ; 25 Mich. 356. Unless asleep or insensible (12 Cox, C. C. 311), or intimidated by threats (9 Car. & P. 748), the woman must resist “to the uttermost” (19 Wend. [N. Y.] 192; 13 Mich. 427), to the point of inability longer to resist (59 N. Y. 374) ; and acquiescence, however tardy or reluctant, prevents the offense from being rape (82 Va. 653; 124 111. 576). In Old English Law. A division of a county similar to a hundred, but oftentimes containing in it more hundreds than one.

Synonyms of Rape

noun

abuse
assault
constupration
defilement
defloration
depredation
despoliation
forcible violation
pillage
plunder
plunderage
rapere
rapine
ravage
ravishment
seduction
sexual assault
spoliation
stupration
violation
Associated Concepts: criminal assault
statutory rape

Related Entries of Rape in the Encyclopedia of Law Project

Browse or run a search for Rape in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Rape in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Rape in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Rape in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

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Translate Rape from English to Spanish

Translation of Rape, with examples. More about free online translation into Spanish of Violar and other legal terms is available here.

Violar
Violación sexual
Abuso sexual
Ultraje sexual
Estrupo
Legal English Translation

Translate Statutory Rape from English to Spanish

Translation of Statutory Rape , with examples. More about free online translation into Spanish of Estupro and other legal terms is available here.

Estupro
Legal English Translation

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This definition of Rape is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Rape in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

Mid. English rape, haste, hurry: seizure by force. A popular etymology connects it with Latin rapere, to seize hastily, -Skeat. The carnal knowledge of a woman forcibly and against her will. 4 Bl. Com. 210; Commonwealth v. Fogerty, 8 Gray 490 (1857); 143 Mass. 37; 11 Ark. 409; 9 Fla. 182; 52 Ind. 187; 25 Mich. 359; 14 Neb. 207; 11 Nev. 257; 20 Tex. App. 155; 22 Wis. 415. If the act was committed without consent, – as where the woman is stupified by drugs or liquors, or is deceived as to the nature of the act, or is overcome by duress or threats of murder, – the case may be rape, although there was no actual, continued resistance. A girl under ten is not competent to consent, 143 Mass. 37-40 (1887), nor is an older female of insane mind. Marriage gives permanent, irrevocable consent. 50 Conn. 579; 77 Mo. 157; 50 Wis. 518; Abbott, Bouvier, Law Dicts.

Note: This legal definition of Rape in the Dictionary of Law (English and American Jurisprudence) is from 1893.

English Spanish Translation of Rape

Violación

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Rape) and the Word reference legal translator.

Rape in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of rape.

Grammar

This term is a verb.

Etimology of Rape

(You may find rape at the world legal encyclopedia and the etimology of more terms).

late 14c., “seize prey; abduct, take by force,” from rape; this term is also a noun. and from Anglo-French raper (Old French rapir) “to seize, abduct,” a legal term, probably from past participle of Latin rapere “seize, carry off by force, abduct” (see rapid). Latin rapere was used for “sexually violate,” but only very rarely; the usual Latin word being stuprare “to defile, ravish, violate,” related to stuprum; this term is also a noun., literally “disgrace.” Meaning “to abduct (a woman), ravish;” also “seduce (a man)” is from early 15c. in English. Related: Raped; raping. Uncertain connection to Low German and Dutch rapen in the same sense.

Rape