THE FIRST SECTION OF THE SEXUAL OFFENDERS ACT OF 1956 SIMPLY PROVIDES THAT IT IS AN OFFENSE FOR A MAN TO RAPE A WOMAN. A MAN COMMITS RAPE IF HE HAS UNLAWFUL SEXUAL INTERCOURSE WITH A WOMAN WHO DOES NOT CONSENT AND IF HE KNOWS THAT THE WOMAN DOES NOT CONSENT. BECAUSE OF UNCERTAINTIES IN THE ACT, AN AMENDMENT WAS PASSED IN 1976. THE AMENDMENT, HOWEVER, DOES NOT AFFECT WELL-ESTABLISHED COMMON LAW PRINCIPLES THAT CONSENT INDUCED BY FORCE, FEAR, OR FRAUD DOES NOT CONSTITUTE TRUE CONSENT. THE MENS REA REQUIRED FOR THE OFFENSE OF RAPE, AS DEFINED IN THE 1976 AMENDMENT, IS DIVIDED INTO TWO CATEGORIES. THE PROSECUTION MUST PROVE THAT THE ACCUSED KNEW THE VICTIM WAS NOT CONSENTING OR WAS RECKLESS AS TO WHETHER SHE CONSENTED AT THE TIME THE ACT TOOK PLACE, AND A JURY MUST IMPOSE A SUBJECTIVE TEST WITH REGARD TO RECKLESSNESS. THE RECKLESS ELEMENT OF THE MENS REA REQUIREMENTS IS ESSENTIALLY ASSOCIATED WITH VICTIMS WHO ARE ASLEEP AT THE TIME OF THE OFFENSE, VICTIMS WHO ARE INSENSIBLE DUE TO ALCOHOL, AND JUVENILE VICTIMS. PROVISIONS OF THE 1976 AMENDMENT ALLOW FOR DISCLOSURE OF COMPLAINANTS AND VICTIMS IF IT IS IN THE PUBLIC INTEREST. AS WITH MOST SEXUAL OFFENSES, CORROBORATION IN THE CASE OF RAPE IS REQUIRED IN PRACTICE. THE FOLLOWING MAY AMOUNT TO CORROBORATION: OFFENDER ADMISSION OR CONFESSION; LIE TOLD BY THE ACCUSED; MEDICAL OR FORENSIC EVIDENCE OBTAINED FROM THE COMPLAINANT OR THE ACCUSED; AND INDEPENDENT EVIDENCE OF THE ACCUSED COMMITTING A SIMILAR OFFENSE. SPOUSES ARE ALLOWED TO GIVE EVIDENCE BUT ARE NOT REQUIRED TO GIVE SUCH EVIDENCE ON BEHALF OF THE PROSECUTION. RAPE IS AN ARRESTABLE OFFENSE UNDER THE CRIMINAL LAW ACT OF 1967. PERSONS CONVICTED OF RAPE, WHICH CAN BE TRIED ON INDICTMENT ONLY, ARE LIABLE TO A SENTENCE OF LIFE IMPRISONMENT. CASE LAW PERTINENT TO RAPE AND SEXUAL OFFENSES INVOLVING BOTH ADULTS AND JUVENILES IS DISCUSSED. (DEP)