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I wonder how helpful it would be to look at CURRENT law? 

The most serious rape offense is Rape in the 1st degree which is a person has sexual intercourse with another person and:

1) the victim is subjected to forcible compulsion by the person;

2) the victim is under a certain age (regardless of consent); or

3) the victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness. 

I kept hearing people talking about forcible rapes with victims who are drunk -- that's already Rape in the First Degree.  Or, victims who are passed out -- that's already Rape in the First Degree. 

posted 2 years, 11 months ago
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