For Rape Attempted, which element is necessary?

• A. Consent is voluntary and can be withdrawn at any time.
• B. The act requires penetration.
• C. The act is committed without violence, only deceit.
• D. Element of force or threat of force is necessary, unless victim is unable or too young to consent.

Answer: (D)

The essential concept is lack of consent expressed through force or threat, or through the victim’s incapacity to consent. For rape, the unlawful act hinges on the absence of voluntary agreement to sexual intercourse, and this is shown by using force or a threat of force, or by the victim being unable to consent (due to age or incapacity). In an attempted rape, the offender must have the intent to commit rape and take a substantial step toward that crime, with the same lack of consent evidenced by force/threat or by the victim’s incapacity. That’s why the option stating force or threat is necessary, unless the victim cannot consent due to age or incapacity, is the best choice. The other ideas don’t capture the defining element: consent being voluntary is a general principle, not the specific element proving rape; penetration is about the completed act, not the attempted act; deceit alone does not remove the requirement of lack of consent through force/threat or incapacity.