Forcible Rape Law & Legal Definition


Forcible rape is a rape where the anal or vaginal sexual intercourse is deemed to be without the lawful consent of the victim. In a forcible rape, the victim is prevented from resisting the sexual act because of the offender’s use of force or threats of physical violence, under circumstances where the victim reasonably believes that such resistance would not prevent the rape. [Edwards v. Butler, 882 F.2d 160, 163 (5th Cir. 1989)]. Attempts to commit rape are also included as forcible rape.

Forcible rape is different from aggravated rape. The difference is based on the degree of force employed for the unlawful sexual act and the extent to which the victim resists.