Proving victim dissent is a unique element of a rape prosecution that is not an element in the prosecution of other violent crimes.

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Victim dissent is a unique element of a rape prosecution because it is not required for a conviction in other violent crimes. In most other violent crimes, the prosecution must only prove that the defendant caused the victim physical harm. In rape cases, however, the prosecution must also prove that the victim did not consent to the sexual activity. This is because rape is defined as non-consensual sexual activity.

Proving Victim Dissent Is a Unique Element of a Rape