State Statutes
The Statutory Standard: Pennsylvania
Consider the following excerpt from the Pennsylvania criminal code (18 Pa. Cons. Stat.). How has Pennsylvania changed the common law of rape?
Section 3101. Definitions
“Forcible compulsion.” Compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied. The term includes, but is not limited to, compulsion resulting in another person’s death. . . .
“Sexual intercourse.” In addition to its ordinary meaning, includes intercourse per os or per anus, with some penetration however slight; emission is not required.
Section 3104. Evidence of Victim’s Sexual Conduct
Evidence of specific instances of the alleged victim’s past sexual conduct . . . shall not be admissible in prosecutions. . . .
Section 3105. Prompt Complaint
Prompt reporting to public authority is not required. . . .
Section 3106. Testimony of Complainants
The testimony of the complainant need not be corroborated . . . [N]o instructions shall be given cautioning the jury to view the complainant’s testimony in any other way than that in which all complainants’ testimony is viewed.
Section 3107. Resistance Not Required
The alleged victim need not resist the actor . . . however, . . . nothing in this section shall be construed to prohibit a defendant from introducing evidence that the alleged victim consented to the conduct in question.
Section 3121. Rape
Offense defined. A person commits a felony of the first degree [punishable by a maximum term of imprisonment of up to 20 years] when he or she engages in sexual intercourse with a complainant:
(1) By forcible compulsion.
(2) By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
(3) Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
(4) Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means for the purpose of preventing resistance.
(5) Who suffers from a mental disability which renders the complainant incapable of consent.
(6) Who is less than 13 years of age.
Section 3214.1. Sexual Assault
A person commits a felony of the second degree [punishable by a term of imprisonment, the maximum is which is not more than 10 years] when that person engages in sexual intercourse . . . with a complainant without the complainant’s consent.
The Statutory Standard: Utah
Consider the difference between the Utah Code and the common law of rape.
Section 76–5-402. Rape
(1) A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.
(2) This section applies whether or not the actor is married to the victim.
(3) Rape is a felony of the first degree [punishable by 5 years-to-life in prison].
Section 76–5-402.2. Object Rape
A person who, without the victim’s consent, causes the penetration, however slight, of the genital or anal openings of another person who is 14 years or older, by any foreign object, substance, instrument, or device, not including a part of the human body, with intent to cause substantial emotional or bodily pain to the victim or with the intent to arouse or gratify the sexual desire of any person, commits an offense which is punishable as a felony of the first degree.
Section 76–5-404. Forcible Sexual Abuse
A person commits forcible sexual abuse if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or causes another to take indecent liberties with the actor or another, with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of the other, regardless of the sex of any participant.
Forcible sexual abuse is a felony of the second degree [punishable by 1-to-15 years in prison].
Section 76–5-405. Aggravated Sexual Assault—Penalty
(1) A person commits aggravated sexual assault if in the course of a rape or attempted rape, object rape or attempted object rape, forcible sodomy or attempted forcible sodomy, or forcible sexual abuse or attempted forcible sexual abuse the actor:
(a) causes bodily injury to the victim.
(b) uses or threatens the victim with use of a dangerous weapon. . . .
(c) compels, or attempts to compel, the victim to submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
(d) is aided or abetted by one or more persons.
(2) Aggravated sexual assault is a first degree felony punishable by imprisonment for an indeterminate term of not less than 6, 10, or 15 years and which may be for life imprisonment. . . .