Under PC 261, which elements must be present to constitute rape?

• A. Force, fear, or duress
• B. Consent
• C. Age or minority
• D. Absence of physical injury

Answer: (A)

Rape under PC 261 hinges on lack of consent achieved through force or fear. The act is not rape unless the sexual intercourse is accomplished by force, violence, duress, menace, or fear of immediate and unlawful injury (or through drugs) that overcomes the victim’s ability to resist. Because of this, the essential factor is the use of force, fear, or duress to obtain submission. Consent would defeat a rape charge, age/minority isn’t required for the crime as defined, and the absence of physical injury isn’t a prerequisite.