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Rape law


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, or where the person is under threat or manipulation, or with a person who is incapable of valid consent. It is the name of a statutory crime in jurisdictions such as England and Wales, Northern Ireland, Scotland, California, and New York, and is a legal term of art used in the definition of the offence of sexual violation in New Zealand.

Definitions of rape vary, and though rape is usually dependent upon whether or not consent was present during the act, the term "consent" varies 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.

Many jurisdictions, such as Canada, and several US and Australian states, have abandoned the term 'rape' in favor of other terms such as 'sexual assault', 'sexual intercourse without consent', 'criminal sexual conduct', etc.

Depending on the jurisdiction, rape may be characterized as a sexual offence or an offence against the person. Rape may also be characterized as a form of aggravated assault or battery, or both, indecent assault or sexual assault or battery, or both.


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