Rape is the offense of non-consensual sexual penetration accomplished through force, threat, incapacitation, or other circumstances that vitiate the victim's consent, historically defined in narrower terms in many common-law systems and substantially broadened over the twentieth and twenty-first centuries to remove requirements such as physical resistance, to recognize marital rape, and to apply regardless of the victim's or offender's sex. Many jurisdictions have replaced or supplemented the historical term rape with a broader statutory category of sexual assault, graded by the degree of force used and the type of act committed, while others retain rape as a specific, typically most serious, offense within that broader category; the exact statutory boundary between the two varies considerably across jurisdictions and legal traditions. Reporting, investigation and prosecution of rape present well-documented and extensively studied challenges, including historically low reporting rates, the evidentiary reliance on forensic sexual-assault examination, and the significant reforms many jurisdictions have made to victim interview practice, corroboration requirements and rape-shield rules governing what evidence about a victim's past may be introduced at trial. Criminologists and public-health researchers treat rape as both a criminal-justice and a public-health concern, studying its prevalence, underreporting, and the effectiveness of prevention and victim-support interventions.
Facts
Classification CodeInternational law classifies rape as a crime against humanity and a war crime when committed as part of a widespread or systematic attack, and it can also constitute an element of the crime of genocide when carried out with intent to destroy a targeted group in whole or in part. 2 Typical PenaltyHistorically, from classical Greece and Rome through the colonial period, rape was classified alongside arson, treason and murder as a capital offense in a number of legal systems; today penalties vary widely by jurisdiction, with modern sentencing schemes ranging from fixed prison terms to life imprisonment depending on severity and local law. 2 Elements of OffenseThe FBI's Uniform Crime Reporting Program has defined rape, since a 2012 revision, as penetration of the vagina or anus with any body part or object, or oral penetration by a sex organ, carried out without the victim's consent, regardless of the sex of the victim or perpetrator. 2 Notable ExampleIn Aydin v Turkey, the European Court of Human Rights ruled for the first time that rape by a state official amounts to torture, finding a violation of Article 3 of the European Convention on Human Rights and recognizing custodial rape as a form of torture in international human rights law. 2 Jurisdiction VariationSome jurisdictions define rape narrowly around penile penetration and classify other non-consensual sexual acts as separate sexual assault offenses; Scotland is a documented example of this narrower approach. 2 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Associated With
Source Cornell LII Wex: Statutory Rape
Exemplified By Cases
Source Wikipedia: Colin Pitchfork
Source Wikipedia: Joseph James DeAngelo
Source Wikipedia: Ted Bundy
Sources
1. Wikipedia: Rape
2. Rape (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Rape, lead paragraph
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without their consent.
lead section, third paragraph
Rape is also recognized as an element of the crime of genocide when committed with the intent to destroy, in whole or in part, a targeted ethnic group.
Definitions, General subsection, quoting the FBI revised Uniform Crime Report definition
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Definitions, General subsection
Scotland, for example, emphasizes penile penetration, requiring that the sexual assault must have been committed by use of a penis to qualify as rape.
War rape section, discussing Aydin v Turkey
In Aydin v Turkey, the European Court of Human Rights ruled for the first time that rape amounts to torture, thus violating article 3 of the European Convention on Human Rights.
History, Definitions and evolution of laws subsection
From the classical antiquity of Greece and Rome into the Colonial period, rape along with arson, treason and murder was a capital offense.
View the Source Wikipedia: Colin Pitchfork
Exemplified By Cases: Colin Pitchfork Case, Lead sectionQuote, Exemplified By Cases: Colin Pitchfork Case, Lead section
He was the first person convicted of rape and murder using DNA profiling after he murdered two girls in neighbouring Leicestershire villages.
View the Source Wikipedia: Joseph James DeAngelo
Exemplified By Cases: Golden State Killer Case, Other names, 2001 DNA linkageQuote, Exemplified By Cases: Golden State Killer Case, Other names, 2001 DNA linkage
In 2001, DNA testing indicated that the offenders labeled as the 'East Area Rapist' and the 'Original Night Stalker' were the same person, resulting in the combined acronym EARONS.
View the Source Wikipedia: Ted Bundy
Exemplified By Cases: Ted Bundy Case, Lead sectionQuote, Exemplified By Cases: Ted Bundy Case, Lead section
was an American serial killer who kidnapped, raped and murdered dozens of young women and girls between 1974 and 1978
View the Source Cornell LII Wex: Statutory Rape
Associated With: Statutory Rape, Main heading, opening paragraphQuote, Associated With: Statutory Rape, Main heading, opening paragraph
an act of sexual intercourse with a person under the age of consent, which is considered to constitute rape under the law, whether the person is willing or not
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