Discuss whether or not a woman can be charged with Rape in your state. If not, what could she be charged with
As you've learned, it is important to be able to determine the elements of a crime and there are several places to turn for assistance in doing so.
First – Look at the statute for the crime. For example, in New York, the statute for Petit Larceny is Penal Law 155.25.
Second – Check to see if any of the terms in the statute are defined in another statute. For example, in New York, Larceny is defined in Penal Law 155.05
Third – If the elements are not clear from the statute, you may want to research case law to see if the courts have established the elements for the crime.
Fourth – Always remember to check the Jury Instructions.
They are an excellent source for identifying the elements, as this is how the court explains the crime to the jury.
Many states are now posting their Jury Instructions on the internet.
Section One –
Keeping the above in mind, please provide the statute under which a Defendant in your state would be charged with Rape (1st Degree if your state breaks it down in that manner) In addition, provide any relevant statutory definitions and an overview of the Jury Instructions. Then, provide cases addressing at least one of the elements of the statute.
Section Two –
Discuss whether or not a woman can be charged with Rape in your state. If not, what could she be charged with?