THE OLDEST WRITTEN LAWS DESIGNATING RAPE AS A CRIME WERE PROMULGATED IN THE CODE OF HAMMURAPI ABOUT THE BEGINNING OF THE 17TH CENTURY B.C. HEBREW LAWS, SET FORTH IN THE FIRST FIVE BOOKS OF THE BIBLE PROVIDED CRIMINAL PENALTIES FOR RAPE.
THE EARLIEST ENGLISH COMMON LAW INCLUDED WRITTEN PROMULGATIONS OF KINGS, STARTING WITH AETHELBERT OF KENT WHO RULED IN 597 A.D. HIS LAWS AND THOSE OF OTHER KINGS DID NOT OFTEN SPECIFICALLY STATE AN ACT AS A CRIME OR CIVIL OFFENSE BUT INDICATED THE PENALTY OR COMPENSATION FOR AN ACT. IN LATER ENGLISH COMMON LAW, RAPE WAS DEFINED AS THE UNLAWFUL CARNAL KNOWLEDGE OF A FEMALE OVER 10 YEARS OF AGE BY A MAN NOT HER HUSBAND THROUGH FORCE OR AGAINST HER WILL.
THIS DEFINITION HAS GENERALLY BEEN FOLLOWED WITH SOME MINOR VARIATIONS, EXCEPT THAT THE AGE OF CONSENT HAS BEEN RAISED TO A MORE REALISTIC LEVEL. RAPE EMBODIES FORCE, LACK OF CONSENT, AND SEXUAL INTERCOURSE; I.E., PENETRATION OF THE MALE ORGAN INTO THE FEMALE VULVA OR LABIA; THE MALE ORGAN DOES NOT HAVE TO REACH THE FEMALE VAGINA TO CONSTITUTE RAPE.
EMISSION IS NOT AN ELEMENT OF RAPE AND IF IT SHOULD OCCUR PRIOR TO AND WITHOUT PENETRATION A WOMAN HAS NOT BEEN RAPED. IT IS RAPE IF A WOMAN IS ASLEEP, HAS FAINTED, OR IS OTHERWISE UNCONSCIOUS AND A MAN HAS INTERCOURSE WITH HER, EVEN THOUGH ACTUAL FORCE IS ABSENT. INTERCOURSE IS RAPE BY FRAUD UNDER SOME STATUTES IF A WOMAN IS GIVEN A SUBSTANCE WITHOUT HER KNOWLEDGE THAT UNDULY EXCITES HER SEXUAL DESIRES OR PREVENTS OR LESSENS HER RESISTANCE.