Which of the following elements is NOT necessary for a charge of forcible rape?

In the context of Georgia law regarding forcible rape, it is essential to understand what constitutes the crime itself. Forcible rape requires that there is sexual intercourse that occurs without the victim's consent and that this lack of consent is accompanied by the use of force or threat of force.

Thus, while sexual intercourse is a required element (it must occur for the crime to be classified as rape), and the use of force or threat of force is crucial in establishing that the act was non-consensual, the victim's consent is a primary factor underlying the charge. However, it is important to note that the absence of consent inherently defines the crime of rape; if there is consent, then it is not rape, regardless of the presence of other factors.

Furthermore, the victim being unconscious can also contribute to the lack of consent, but it is not a necessary element in every case of forcible rape. The core elements are the act of sexual intercourse and the presence of force or threat of force. Therefore, the notion of the victim's consent being necessary for a charge of forcible rape is a misunderstanding of the legal definitions involved, as it is the absence of consent that is critical to the charge, not the presence of consent. This makes