Absence of the victim's consent is a necessary Element regarding the crime of rape

Abstract

This paper studies the topic of the victim's dissatisfaction as a main condition of committing the crime of rape. This crime considers an offense against human rights whether these rights relating to moral aspects or mental aspects. That these rights ensured by Islamic rules and all positive laws. The condition; "of the victim's resistance or refusal of the act of rape" means a legal case which is necessary to commit such crime. As in the crime of rape it is necessary that the act should happened by inforce the victim i.e without her/his satisfaction, and this condition is a basic element of rape. This article included in the Yemeni law, Egyptian, Jordonian, Emarates, France and Russian laws. So the crime of rape doesn't legally fulfilled accept without the acceptance of the victim, where it can be done in some cases such as: the victim's poverty, lack of mentality, or shortage of age. Another cases can be happened by the offender's tricking, cheating, or by Ambuscading. In addition, this paper defines the condition of the victim's resistance during the crime of rape linguistically and terminology. ​Finally the researcher of the undertaken paper concludes this paper by a number of suggestions and recommendations that may help law scholars in the Yemeni penal law also help the society in fighting the crime of rape.