Del. P.J.I. Crim. No. 11.773(a)(1)

RAPE IN THE FIRST DEGREE [INTERCOURSE WITHOUT

CONSENT AND WITH INJURY]

In order to find Defendant guilty of Rape in the First Degree, you must find

the State has proved the following four (4) elements beyond a reasonable doubt:

(1) Defendant engaged in sexual intercourse with a person; (2)

Sexual intercourse occurred without the person’s consent;

(3) Defendant caused physical injury or serious mental or emotional injury to

the person [in the course of committing the crime/during immediate flight after

committing the crime/during an attempt to prevent the reporting of the crime]; and

(4) Defendant acted intentionally.

"Physical injury" means any impairment of physical condition or substantial

physical pain.

“Intentionally” means it was Defendant’s conscious objective or purpose to

engage in sexual intercourse with the person.

“Sexual intercourse” means any act of physical union of a person’s genitalia

or anus with another person’s mouth, genitalia or anus. Ejaculation is not required.

“Sexual intercourse” occurs upon any penetration, however slight. Within the

meaning of this offense, “sexual intercourse” encompasses the crimes commonly

known as rape and sodomy. The term “sexual intercourse” also includes any act of

cunnilingus or fellatio, regardless of whether penetration or ejaculation occurs.

“Cunnilingus” means any oral contact with the female genitalia.

“Fellatio” means any oral contact with the male genitalia.

“Without consent” means Defendant compelled the person to submit by an

act of coercion, force or gesture, by threat of death, physical injury, pain or

kidnapping against the person or a third party; or by any other means which would

compel a reasonable person under the circumstances to submit. There is no

requirement that the person resist such force or threat to the utmost, or to resist if

resistance would be futile or foolhardy. The person is required to resist only to the

extent reasonably necessary to make the person’s resistance known to Defendant.

[Supplement definition as needed pursuant to § 761(j)].