| 单词 | rape |
| 释义 | rape rape in English criminal law, unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it and where, at the time, the man knows that the woman does not consent to the intercourse or he is reckless as to whether she consents to it. The word 'unlawful', which had been thought by many to mean 'outwith marriage', was held not to prevent a husband being held to be able to commit rape against his wife, and indeed the House of Lords held that the rule laid down for over 150 years that a man could not be guilty of raping his wife no longer applied: R v. R. [1991] 3 WLR 767.In Scots criminal law, intercourse with a woman by force and against her will. The consent of the woman is a defence, and as a result of the difficult case of Meek v. HMA 1983 SLT 280, an erroneous belief that the woman was consenting need not be reasonable to exculpate although it must be an honest belief. In Scots law a hus- band can be guilty of raping his wife: S. v. HMA 1989 SLT 469. The state of Victoria (Australia) in the Crimes (Sexual Offences Act 1990) expanded rape to include continued intercourse contrary to an instruction to desist. This reflected the law in New Zealand, which had been upheld by the Privy Council in Kaitamaki v. R [1984] 2 All ER 435. |
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