Abstract:
At the outset of this contribution the question was posed whether the Act has, by
couching the crime of rape and compelled rape in a gender-neutral fashion,
caused the definition of rape to lend itself to an interpretation that it is no longer
a formally-defined crime, as it was at common law, but rather a materially
defined crime. Through an analysis of the definition of the common-law crime
and the anomalies presented in the past, coupled with an interpretation that is
consistent with the constitutional interests sought to be protected, it is submitted
that the crime of rape is and remains a formally-defined crime.
