Responsibility for Rape: Was There Consent? Case Study

Exclusively available on Available only on IvyPanda® Made by Human No AI

Rape is a serious offense that needs to be severely punished, however, several legal controversies are surrounding the act – many of them are related to consent. When it is withdrawn in the process, it is essential to understand how the act should be viewed. It can be examined with consideration to the case of John Z, the detailed analysis of which will be presented in this paper.

In this case study, Laura, the victim, clearly expressed her unwillingness to continue the intercourse, but John Z. persisted in his actions. California Penal Code requires that to be considered rape, a sexual act that is accomplished against one person’s will by means of duress, menace, physical force, or the threat of it (Cal. Pen. Code, § 261, subd. (a)(2)). Laura testified that at some point, John Z. pulled her on top of him for about five minutes, during which “she tried to get off, but he grabbed her waist and pulled her back down” (“In Re John Z.,” 2003). Then, he rolled the victim over and continued forcing himself on her. These two elements are crucial: during the act, Laura tried to get off, but John Z. forcibly made her remain on top of him and, then, rolled over, blocking her escape by the weight of his body. Hence, it can be considered that he used physical force to continue the act.

Together with the issues of consent and physical force, it is also essential to consider the offender’s intent. Rape is usually regarded as a general intent crime, which means to be prosecuted, the offender is not required to possess any specific purpose for committing the crime, only the desire to execute the act itself (LaMance, 2019). In this case, according to Laura’s testament, she made her reluctance to continue the intercourse obvious enough for John Z. to recognize it (“In Re John Z.,” 2003). Having been notified about her withdrawal of consent, John Z. continued the sexual act, thereby showing a criminal intent.

However, there is another element to this question. In this case, men’s rea for the crime should be negligence – the defendant might not have known that he is causing harm to the victim. However, he should have been aware of it since Laura had explicitly shown her discontent (“In Re John Z.,” 2003). In other words, he demonstrated disregard for the fact that the act might be non-consensual.

However, some may argue that the court resorted to a strict liability standard while making a ruling. In criminal and civil law, strict liability standard implies that a person is responsible for their actions’ consequences regardless of their intent (“Strict liability,” n.d.). Therefore, even if there were no criminal intentions, a person would be held accountable for the consequences. Strict liability is usually employed in statutory rape cases – acts that are illegal even if consensual because they involve a minor. In the case of John Z., the victim was underage (she was 17 years old), but so was John Z. This is the reason why the court found him guilty of forcible rape in accordance with Cal. Pen. Code, § 261 (subd. (a)(2)), not § 261.5 which discusses the cases involving abuse against minors (Cal. Pen. Code, § 261 et seq.). Moreover, John Z. would have been accused of rape even if they both were older than 18. The fact that he employed physical force to continue the intercourse after the victim had withdrawn her consent serves as enough evidence to find him guilty.

References

California Penal Code, § 261 et seq. (1872). Web.

(2003) 60 P. (3d) 183 (Cal.). Web.

LaMance, K. (2019, November 1). Legal Match. Web.

. (n.d.). Legal Information Institute. 2020. Web.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2022, September 5). Responsibility for Rape: Was There Consent? https://ivypanda.com/essays/responsibility-for-rape-was-there-consent/

Work Cited

"Responsibility for Rape: Was There Consent?" IvyPanda, 5 Sept. 2022, ivypanda.com/essays/responsibility-for-rape-was-there-consent/.

References

IvyPanda. (2022) 'Responsibility for Rape: Was There Consent'. 5 September.

References

IvyPanda. 2022. "Responsibility for Rape: Was There Consent?" September 5, 2022. https://ivypanda.com/essays/responsibility-for-rape-was-there-consent/.

1. IvyPanda. "Responsibility for Rape: Was There Consent?" September 5, 2022. https://ivypanda.com/essays/responsibility-for-rape-was-there-consent/.


Bibliography


IvyPanda. "Responsibility for Rape: Was There Consent?" September 5, 2022. https://ivypanda.com/essays/responsibility-for-rape-was-there-consent/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1