Learning Objectives


  1. Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.
  2. An individual in nearly every state may not be held criminally liable for raping his or her spouse.
  3. A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.
  4. An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”
  5. In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.
  6. It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.
  7. It is not considered a rape in any state when a woman consents to sexual intercourse and then withdraws her consent and the male knowingly disregards the woman’s withdrawal of consent and continues to engage in sexual intercourse.
  8. A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.
  9. The difference between an assault and a battery is that an assault involves the infliction of a more serious physical injury than a battery.
  10. An individual may be convicted of stalking who does not inflict physical injury on the person who is being stalked.
  11. Kidnapping requires the involuntary movement of an individual by another for a distance of at least fifteen feet.
  12. False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.