What is the attendant circumstance element of rape and what kind of defense is possible for the accused?


1. What is the attendant circumstance element of rape and what kind of defense is possible for the accused?

2. Proving lack of consent in rape cases has two components. What are they? Give some examples of conditions or circumstances which might affect the first component.
List and describe the situations that might affect the second component.

3. Describe the difference between early common law corroborative evidence needed to meet the burden of proof for the elements of rape and what is required in the modern day. Does the difference make it easy to achieve a conviction in modern day prosecutions?

4. What is meant by “rape shield laws”? What was the purpose of rape shield laws? What type of evidence do rape shield laws prohibit? Provide examples.

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