Rape of a Child: Use of Force
Whoever has sexual intercourse or unnatural sexual intercourse with a child under sixteen, and compels said child to submit by force and against his will or compels said child to submit by threat of bodily injury, shall be punished. In order for a jury to find a defendant guilty of rape of a child under 16, the Commonwealth must prove the following three elements beyond a reasonable doubt:
- A defendant engaged in sexual intercourse with the victim.
- The first element the Commonwealth must prove beyond a reasonable doubt is that a defendant engaged in either natural or unnatural sexual intercourse with the complainant. Natural intercourse is normal intercourse — that is, it consists of insertion of the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio or cunnilingus, and other intrusions of a part of a person's body or other object into the genital or anal opening of another's body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person's genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required.
- Intercourse was accomplished by force or threat of bodily injury.
- The second element the Commonwealth must prove beyond a doubt is that the natural or unnatural sexual intercourse was accomplished by force or by threat of bodily injury and against the complainant's will. The force needed for rape may, depending on the circumstances, be constructive force as well as physical force, violence or threat of bodily harm.
- That the victim was under 16 years of age.
- The third element the Commonwealth must prove beyond a reasonable doubt is that a defendant engaged in sexual intercourse with a child who was under 16 years of age at the time of the alleged offense.
Rape and Abuse of a Child
Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age shall be punished. In order for a jury to find a defendant guilty of rape of a child under 16, the Commonwealth must prove the following three elements beyond a reasonable doubt:
- The defendant engaged in sexual intercourse with the victim
- The first element the Commonwealth must prove beyond a reasonable doubt is that a defendant engaged in either natural or unnatural sexual intercourse with the complainant. Natural intercourse is normal intercourse — that is, it consists of insertion of the penis into the female sex organ. Unnatural sexual intercourse includes oral and anal intercourse, including fellatio or cunnilingus, and other intrusions of a part of a person's body or other object into the genital or anal opening of another's body. Either natural or unnatural sexual intercourse is complete on penetration, no matter how slight, of a person's genital or anal opening. In addition to the vagina, the female genital opening includes the anterior parts known as the vulva and labia. Penetration into the vagina itself is not required.
- The victim was a child under 16 years
- The second the Commonwealth must prove beyond a reasonable doubt is that a defendant engaged in sexual intercourse with a child who was under 16 years of age at the time of the alleged offense.
- The sexual intercourse was unlawful.
- The third element the Commonwealth must prove beyond a reasonable doubt is that the sexual intercourse was unlawful. Unlawful sexual intercourse is intercourse outside of a marital relationship.