To prove that the defendant is guilty of this crime, the People must prove that:

☐ The defendant had sexual intercourse with a woman;

☐ He and the woman were (not married to each other at the time of the intercouse;

☐ The woman did not consent to the intercourse;


☐ The defendant accomplished the intercourse by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim or to someone else.


☐ Threatening to retaliate in the future against the woman or someone else when there was a reasonable possibility that the defendant would carry out the threat. A threat to retaliate is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death.

☐ Threatening to use the authority of a public office to incarcerate, arrest, or deport someone. A public official is a person employed by federal, state, or local government who has authority to incarcerate, arrest, or deport. The victim must have reasonably believed that the defendant was a public official even if they were not.