For rape under PC 261, which elements must be present?

• A. Force, fear, or duress
• B. Consent
• C. Lack of knowledge
• D. Age of victim

Answer: (A)

The key idea is the way the act is obtained: rape under this statute requires sexual intercourse to be accomplished by force, fear, or duress. That means the perpetrator uses physical force, or threatens or induces fear of immediate harm, to compel the act. Consent is not what makes it rape; in fact, consent would negate the crime, while the absence of consent is established by the use of force, fear, or duress. Likewise, lack of knowledge isn’t the element that defines the offense, and age of the victim isn’t part of the basic definition (it may matter for related offenses). So the essential factor that must be present is the use of force, fear, or duress to achieve the act.