Sex Offenses

Forcible rape and SODOMY are sexual offenses that have been widely recognized since the beginning of American COMMON LAW. Rape was defined as an act of forcible sexual intercourse with a female other than the perpetrator's wife. Modern legislation in the United States has expanded that definition to include the act of forcible sexual intercourse with any person, even the spouse of the actor. The offense of rape combines the crime of assault (fear of imminent bodily harm) with the elements of fornication (sexual intercourse between two unmarried persons) or ADULTERY (sexual intercourse with someone other than the actor's spouse).

Sodomy is defined as anal intercourse but is often used in the law as a generic classification including bestiality (sexual intercourse with an animal) and fellatio and cunnilingus (two forms of oral sex). These forms of sexual conduct were outlawed because widely accepted religious beliefs and moral principles dictate that they are unnatural forms of sexual activity, often called "crimes against nature." Forcible rape and sodomy are generally perceived as similarly grave offenses.

Most state criminal statutes require some physical penetration in order to consummate the crime of rape or sodomy, but many statutes have a low threshold for demonstrating penetration, calling only for a showing of "some penetration, however slight." Completion of the sex act as evidenced by orgasm, ejaculation, or achievement of sexual gratification, however, is not required to prove a rape or sodomy case.

Most forcible sex offense statutes do require some forcible compulsion to submit and earnest resistance. However, courts will consider the circumstances of the attack, including the characteristics of the perpetrator and the victim, the presence of a weapon, threats of harm, and the assault itself, in assessing the victim's resistance. Statutes do not require victims to resist if to do so would be futile or dangerous.

Although modern statutes have eliminated the marital rape exception, some states still have some form of restrictions in the prosecution of the crime of marital rape. For example, some states will only prosecute marital rape claims if the couple is legally separated or have filed for DIVORCE. However, due to legal criticism and growing public awareness of spousal abuse, the trend in the United States is toward the elimination of all exceptions to the prosecution of these crimes.

In the 1990s, the public became more aware of issues involving violence in the home among family members. Many studies showed that women are far more likely to be victims of violence at the hand of a husband or boyfriend than by a stranger. Victims of DOMESTIC VIOLENCE or rape are believed to be reluctant to report these crimes for fear of continued or retaliatory violence. In response to these issues, Congress enacted the VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (42 U.S.C.A. §§ 3796dd et seq.). One part of that act is the section entitled the Safe Homes for Women Act of 1994 (18 U.S.C.A. §§ 2261 et seq.). This section created new federal crimes and penalties for domestic violence.