Rape

^— iln Criminal Law. Unlawful carnal knowledge of a woman by force and with- ' out her consent. (1) Carnal knowledge is essential (67 Wis. 552), but by statute in most states, the slightest penetration is enough (see 45 Conn. 256; 102 N. Y. 234), though, at common law, emission was essential (1 East, P. C. 439). (2) The carnal knowledge must be unlawful; thus, forcible carnal knowledge by a man of his wife against her will is not rape. 1 Hale, P. C. 629. ' (3) The carnal knowledge must be by force, but constructive force, as by threats or intimidation, is sufficient (39 Fla. 155; 45 Conn. 263; 139 Ind. 531); and where the woman is insane or insensible, it has been said that the force necessary to accomplish the act is sufficient (53 Ark. 425; 50 Iowa, 189); but the weight of authority is that fraud (2 Swan [Tenn.] 394; 6 Ala. 765), as by personating the woman's husband (11 Cox, C. C. 191; 7 Conn. 64), will not take the place of force (but see 94 Ind. 96). (4) The carnal knowledge must be without the woman's consent. The phrase "against her will" is sometimes substituted, but it means no more than "without her consent."

22 Wis. 445; 25 Mich. 356.

Unless asleep or insensible (12 Cox, C. C. 311), or intimidated by threats (9 Car. & P. 748), the woman must resist "to the uttermost" (19 Wend. [N. Y.] 192; 13 Mich. 427), to the point of inability longer to resist (59 N. Y. 374); and acquiescence, however tardy or reluctant, prevents the offense from being rape (82 Va. 653; 124 111. 576). In Old English Law. A division of a county similar to a hundred, but oftentimes containing in it more hundreds than one. RAPE OF THE FOREST (Law Lat. raptus forestae).

In old English law

Trespass committed in a forest by violence. Cowell; Spelman; LL. Hen. I. c.

11.