Criminal Law FAQ #11
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Rape is often used as a generic term for unwanted sexual acts. However, its common-law definition required the sexual act to be intercourse, the rapist to be a man, and the victim to be a woman, other than his wife. Furthermore, the act had to be done by force or the threat of force. Common-law rules often required the rape to be corroborated by independent witnesses to negate the offender's defense of consent.
Many modern-day codes no longer use the term "rape" but instead use sexual abuse or sexual assault to define the prohibited acts. Traditional rape is covered by these statutes and may be designated sexual abuse in the first degree. However, most sexual assault statutes cover more kinds of sexual acts and apply to homosexuals as well as heterosexuals. Husbands can generally be charged with sexual assault of their wives, although they may receive a lighter sentence than non-marital sexual assault. Lesser offenses, such as unwanted touching or lascivious acts may be included in the definition of sexual assault.
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