There are two situations that will be aggravated into a first-degree crime: one is to cause serious identity damage to others during rape, and the other is controversial so far. The woman "did not voluntarily accompany the perpetrator when committing the crime, nor did she promise to have sex with the previous behavior".
According to the American Model Criminal Code, a man forces a woman who is not his wife to have sex with him by violence or threatening to kill the victim or others immediately, resulting in serious identity injury, extreme pain or kidnapping, which constitutes the crime of rape. It is worth noting that this clause recognizes the important rule of immunity in marriage. However, the term "sexual intercourse" includes oral sex and anal sex, which is broader than common law.
Here it doesn't use the word "involuntary", on the contrary, it uses "forced". Of course, although forcing women by men means that women are involuntary, legislators believe that, like other violent crimes, the focus of attention should be on the behavior of the accused offender, that is, coercion, rather than the so-called victim's reaction. Therefore, the Model Criminal Code does not contain elements of resistance.
The Code also prohibits the following non-violent acts:
1, escaping the victim's resistance by drugs or narcotics or other means; 2. The victim is under the age of 10; 3. The victim does not know during sexual intercourse (for example, cheating a minor actually constitutes rape, but seduction and cheating in common law are not recognized as rape; Deception of fact also puzzles a special problem in common law courts: women mistakenly think that the man they have sex with is her husband. )
Extended data:
According to Article 236 of the Criminal Law of People's Republic of China (PRC), whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever rapes a girl under the age of 14 shall be given a heavier punishment for rape.
Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) Rape of women and young girls;
(2) raping a woman or a number of young girls;
(3) raping a woman in public in a public place;
(four) gang rape of more than two people;
(5) Causing serious injury, death or other serious consequences to the victim.
References:
Baidu Encyclopedia-American Criminal Law