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»Domestic Violence
Family Law - Domestic Violence - General Questions

  Page 5 of 24

What is rape?
Rape is non-consensual, forcible sexual relations or other sexual activity. It can include vaginal or anal intercourse, oral sex, or penetration with an object. Penetration is sufficient to constitute rape; ejaculation is not required. Though most prosecutions are against men for rapes of women, technically the crime can now be committed by either gender against either gender in most states. It can also be committed by one spouse against another.

Having sexual relations with someone who is unconscious or asleep is also rape.

(Reviewed 11.5.08)
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