It has evolved from its narrow traditional definition of forced penetration of a vagina by a penis, outside of marriage, to a broader definition, which includes forced sex in marriage (marital rape), and may also include other sexual acts (such as anal or oral sexual penetration); the latter were traditionally dealt with under sodomy laws.
This redefinition of rape had the effect of defining male rape.
In the England and Wales, section 5 of the Sexual Offences Act 2003 creates the offence of "rape of a child under 13" and contains no reference to consent.
After describing the sexual act the offence prohibits, the explanatory notes to the Act say "whether or not the child consented to this act is irrelevant"."[T]he Court is persuaded that any rigid approach to the prosecution of sexual offences, such as requiring proof of physical resistance in all circumstances, risks leaving certain types of rape unpunished and thus jeopardising the effective protection of the individual's sexual autonomy.
[in regard to Article 36 of the Convention – Sexual violence, including rape].
There is not always a requirement that the victim did not consent.
In addition, the World Health Organization, defines sexual violence as: "any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work".The countries which choose to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence, the first legally binding instrument in Europe in the field of violence against women, Originally, in Ancient Rome, 'rape' was a crime-defining primarily the act of a male abducting a female without the consent of the man under whose authority she was (typically father or husband); sexual intercourse was not necessary.Furthermore, in many legal systems (such as 17th century France) the consent of the woman to sexual intercourse was not a defense - the act was still a crime if done without the consent of her father.Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent.The act may be carried out by physical force, or where the person is under threat or manipulation, or with a person who is incapable of valid consent.It is the name of a statutory crime in jurisdictions such as England and Wales, Northern Ireland, Scotland, California, and New York, and is a legal term of art used in the definition of the offence of sexual violation in New Zealand.