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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.[1][2][3][4]
Definitions of rape vary, but they generally require some degree of sexual penetration without consent.[4][1][2] The term "consent" varies by law as well. Minors, for example, are often considered too young to consent to sexual relations with older persons (see statutory rape and age of consent). Consent is also considered invalid if obtained under duress, or from a person who does not have the ability to understand the nature of the act, due to factors such as young age, mental disability, or substance intoxication.[4]
Many jurisdictions, such as Canada and several US and Australian states, no longer have a traditional common law offence of rape, which always required that sexual penetration had occurred. Some of these jurisdictions instead have created new statutory offences, such as sexual assault or criminal sexual conduct, which criminalise sexual contact without consent, and without any requirement that sexual intercourse occurred.[5][6]
- ^ a b "Rape". Merriam-Webster. 8 May 2021.
- ^ a b "Sexual violence chapter 6" (PDF). World Health Organization. 15 April 2011.
- ^ "Rape". dictionary.reference.com. 15 April 2011.
- ^ a b c Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 9 (2 ed.). Detroit: Thomson/Gale. p. 145. ISBN 9780787663766.
- ^ Shannon Brennan and Andrea Taylor-Butts, Sexual Assault in Canada 2004 and 2007 (Ottawa: Statistics Canada (Canadian Centre for Justice Statistics), 2008)), p. 7.
- ^ Manager, Web (11 November 2010). "'Rape': the penetrative sexual offence". alrc.gov.au.