Bear in mind that a rape may happen through force in Pennsylvania. For a rape to occur, however, there does not have to be force. For a violent crime of rape, there must be force.
Pennsylvania defines rape as:
“A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:
- By forcible compulsion.
- By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
- Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
- Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.
- Who suffers from a mental disability which renders the complainant incapable of consent.”