United States v. Thomas 13 U.S.C.M.A. 278 (1962) is a famous case of a military court-martial involving a failed attempt to commit a crime, in this case, rape and the use of the "impossibility" defense. [1]
Two enlisted military men, Thomas and McClellan, were spending an evening drinking in bars. In one bar McClellan began dancing with a young woman who was drunk and soon collapsed in his arms on the dance floor. The defendants put the woman in McClellan's car, having agreed at the bar to take her home. Once in the car McClellan, suggested they rape her, as she was unconscious and would not know the difference. Each defendant then proceeded to have sexual intercourse with the woman. They were unable to find the location of her home, and she had not regained consciousness, so they sought help at a service station. The service station attendant called the police, who determined she was dead. An autopsy conducted later ascertained that she died of a heart condition, "acute interstitial myocarditis". The general undisputed opinion was that her death most likely occurred at the time of her collapse. The two defendants were not aware of her death. [1]
The defendants used the "impossibility" defense, claiming that it was legally impossible to attempt to rape a woman who was dead. [2]
The United States Court of Appeals for the Armed Forces held that when a defendant is attempting to commit a criminal act, it is not a defense that facts unknown to the defendant made the actual completion of the crime impossible. The defendants believed that the young woman was alive and had not consented to have sex. [3] Because the men believed they were raping a drunken, unconscious woman, they were guilty of attempted rape even though the woman was actually dead at the time sexual intercourse took place. [2]
This case contributes to the body of case law involving impossibility. In this case the crime was impossible to commit, unbeknown to the defendants. The crime of attempt consists of a specific intent to commit an offense and in addition some action that is more than just preparation. The fact the crime was not possible to commit does not constitute a defense. [1]
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape, drug facilitated sexual assault, and the torture of the person in a sexual manner.
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur. Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done.
The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary by country and by legislature within a country.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
Statistics on rape and other acts of sexual assault are commonly available in industrialized countries, and have become better documented throughout the world. Inconsistent definitions of rape, different rates of reporting, recording, prosecution and conviction for rape can create controversial statistical disparities, and lead to accusations that many rape statistics are unreliable or misleading.
The concept of rape, both as an abduction and in the sexual sense, makes its appearance in early religious texts.
State v. Mitchell, 170 Mo. 633, 71 S.W. 175 (1902), is a precedent-setting decision of the Supreme Court of Missouri which is part of the body of case law involving the prosecution of failed attempts to commit a crime. In United States law, cases involving failed criminal attempts can bring up interesting legal issues of whether the crime was unsuccessful due to factual impossibility or to legal impossibility.
An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defense at common law. This is not to be confused with a "mistake of fact" defense, which may be a defense to a specific intent crime like larceny.
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
R v R[1991] UKHL 12 is a decision in which the House of Lords determined that under English criminal law, it is a crime for a husband to rape his wife.
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003:
(1) A person (A) commits an offence if—
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution.
DPP v Morgan[1975] UKHL 3 was a decision of the House of Lords which decided that an honest belief by a man that a woman with whom he was engaged with sexual intercourse was consenting was a defence to rape, irrespective of whether that belief was based on reasonable grounds. This case was superseded by the Sexual Offences Act 2003 which came into force on 1 May 2004.
People v. Turner, formally The People of the State of California v. Brock Allen Turner (2015), was a criminal case in which Brock Allen Turner was convicted by jury trial of three counts of felony sexual assault.
In Islam, human sexuality is governed by Islamic law, also known as Sharia. Accordingly, sexual violation is regarded as a violation of moral and divine law. Islam divides claims of sexual violation into 'divine rights' and 'interpersonal rights' : the former requiring divine punishment and the latter belonging to the more flexible human realm.
Rape in Alabama is currently defined across three sections of its Criminal Code: Definitions, Rape in the First Degree, and Rape in the Second Degree. Each section addresses components of the crime such as age, sentencing, the genders of the individuals involved, and the acts involved.
Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:
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.
Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.