46.3604 Rape.

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(a) A person commits the crime of rape if:

(1) he has sexual intercourse with another person without that person’s consent by the use of forcible compulsion; or

(2) he has sexual intercourse with another person who is 16 years of age or less.

(b) Rape is a class B felony unless in the course of it the actor inflicts serious physical injury on any person or displays a deadly weapon in a threatening manner, then rape is a class A felony.

History: 1979, PL 16-43 § 2; amd 1992, PL 22-26; amd 2004, PL 28-16.

Case Notes:

Proof of element of force requires only the act shall have been consummated with sufficient force to overbear the protests of the woman; the woman is not required to resist “tooth and nail” until she is beaten into insensibility. Taukoko V. Government, ASR (1977).

Element of force is missing where defendant places his trousers on ground and prosecutrix lays on them. Government v. Maleko, ASR (1976).

Elements of fornication are necessarily included within elements of unlawful carnal knowledge, an element of raw. Government v. Maleko, ASR (1976).

Research Guide: MCC 566.030, 15 ASC 901.