Which of the following is NOT an element of common law rape?

• A. Without consent
• B. Sexual intercourse
• C. With a weapon
• D. Force, threat of force, or unconscious victim

Answer: (C)

The essential idea is what elements make up common-law rape. Traditionally, rape required sexual intercourse with a woman without her consent, accomplished by force or by threat of force, or when the victim was unconscious. Lack of consent, the act itself (intercourse), and some form of compulsion or overpowering condition are the core pieces. A weapon is not itself an element; it can be used to show force or threat, but it isn’t required as a separate element. So the statement about involving a weapon isn’t an element of the crime, because rape can occur with force or threats (or unconsciousness) without any weapon.