Distinguish Rape from Rape Attempted: which is true?

• A. Rape Attempted requires penetration, while Rape does not.
• B. Rape does not require force, while Rape Attempted does.
• C. Rape involves penetration; Rape Attempted involves force or threat of force and may not involve penetration.
• D. Rape and Rape Attempted are the same offense.

Answer: (C)

The main idea is to distinguish a completed rape from an attempted rape by looking at what actually happens versus what is started or planned. Rape is the act of sexual intercourse carried out without the victim’s consent, and penetration is the defining element of that offense. Rape Attempted covers the situation where the offender intends to commit rape and takes a substantial step toward that crime; force or threat of force can be present, and penetration need not occur for the offense to be prosecutable. So it’s possible to be charged with attempted rape even if intercourse never happens, while rape requires the actual act of intercourse without consent.