Also known as:rapere · rapio · raptus · rape · abduction
Written by attorneys · grounded in primary & secondary sources — see below
A Latin term formerly used in indictments for rape to allege that the victim was ravished.
Sources & Authorities
How it applies
Common Examples
6
Indictment for Reckless Murder
Prosecutors charged Roland Rhodes after he raped a convenience-store clerk during a robbery. The old-style indictment opened with the phrase that the defendant rapuit the victim. The jury considered the underlying rape allegation when evaluating the murder count.
Death Penalty Challenge
Rina Rahman was convicted of raping an adult woman who survived the attack. The indictment used the term rapuit to describe the offense. The court set aside the death sentence because the penalty was disproportionate under the Eighth Amendment when the victim did not die.
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Cases
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Raven Logistics employee Ravi Reddy was accused after he compelled a coworker to submit by threat of serious bodily injury. The historical indictment alleged that Reddy rapuit the victim by force. The prosecution established the elements of compulsion required for the offense.
Capital Punishment Barred
Regina Robinson faced capital charges after raping a child in a case that neither intended nor resulted in death. The indictment recited that the defendant rapuit the victim. The Supreme Court held the death penalty disproportionate for this non-homicide offense.
Historical Rape Indictment
Rowan Russell was tried after an alleged rape. The old indictment used rapuit to charge the sexual assault. The prosecution relied on the traditional wording to allege that the victim had been ravished.
Patterson v. New York432 U.S. 197, 97 S.Ct. 2319, 53 L.Ed.2d 281
Statutory Rape Charge
Renata Russo challenged a statute that criminalized statutory rape only for males. The charging document employed the traditional term rapuit. The court sustained the classification because it was substantially related to preventing teenage pregnancy.
Michael M. v. Superior Court of Sonoma County450 U.S. 464, 477–479, 101 S.Ct. 1200, 1208–1209 (Stewart, J., concurring)
Common questions
Frequently Asked
5
What does the term rapuit signify in a historical rape indictment?+
The term rapuit is the Latin word for ravished and was used in old indictments to allege that the victim was forcibly violated.
Does the presence of rapuit in an indictment trigger a presumption of extreme indifference?+
When the indictment alleges rapuit during the commission of robbery or another listed felony, the Model Penal Code presumes the recklessness and extreme indifference required for murder.
Can the death penalty attach when an indictment uses rapuit for the rape of an adult?+
No. The Eighth Amendment prohibits capital punishment for the rape of an adult woman when the victim survives, regardless of the wording of the indictment.
How does the Model Penal Code define the force element that rapuit historically captured?+
The Code requires that the male compel the female victim to submit by force or threat of imminent death, serious bodily injury, extreme pain, or kidnapping.
Is the death penalty available for child rape charged with the term rapuit?+
No. The Eighth Amendment bars capital punishment for the rape of a child when the crime neither intended nor caused the child's death.
410 U.S. 113 (1973)Constitutional Law
…physical deformity or mental deficiency," or that a pregnancy "resulting from legally established statutory or forcible rape or incest may constitute a threat to the mental or physical health of the patient," two other physicians "chosen because of their recognized professional competence have examined the…