Sodomy was condemned and criminalized even with consent because of religious beliefs deeming it a crime against nature (, 2011). In general, sodomy was the penetration of the male anus by a man. The common law also recognized the crime of sodomy. The rape prosecution required evidence of the defendant’s use of force, extreme resistance by the victim, and evidence that corroborated the rape victim’s testimony.
The elements of rape were forcible sexual intercourse, by a man, with a woman not the spouse of the perpetrator, conducted without consent, or with consent obtained by force or threat of force (Macnamara, D., 2011). At early common law, rape was a capital offense. The word rape has its roots in the Latin word rapere, which means to steal or seize. Synopsis of the History of Rape and Sodomy In upcoming sections, you analyze the elements of other crimes involving force, fear, and physical restraint, including assault, battery, domestic violence, stalking, and kidnapping. In this section, you learn the elements of rape and related sex offenses and examine defenses based on consent.
#Gross sexual imposition meaning registration#