ASIS International (ASIS) Professional Certified Investigator Practice Exam

What characterizes first degree rape?

1. Rape involving consent

2. Rape through use of drugs

3. Rape with a mentally healthy person

4. Rape involving a consent clause

The correct answer is: Rape through use of drugs

First degree rape is characterized by the use of force, threat, or coercion to engage in sexual intercourse without consent. When examining the aspects of first degree rape, one critical factor is the use of drugs or substances that incapacitate the victim, making it impossible for them to give informed consent. This aligns with the definition of first degree rape, as the act of administering drugs or employing similar means to render someone unable to consent elevates the severity of the crime. The use of drugs can heighten the vulnerability of the victim and is considered an egregious violation of personal autonomy and safety. In contrast, consent represents a clear absence of coercion or force, while the mental state of the victim is irrelevant in the context of first degree rape; if they are rendered incapable of consenting—whether due to drugs or other factors—the act is considered first degree rape. Additionally, a consent clause would imply an agreement rather than a coerced or forced situation, and hence does not characterize first degree rape.