The California Penal Code 261, identifies the fundamental elements of a crime of rape. The first element of the act is sexual intercourse, a slight penetration caused by the insertion of a sexual organ or an object, into a body opening. Second, is force and threat against the victim to fear bodily injury. The force requirement may be determined on a case by case basis in the totality of the circumstances. Third, is the absence of consent, which is an essential to prove the victim was held against their will. The person must be conscious and capable of giving consent. Therefore, the person may not have any mental, physical, or developmental disability that prevents them from giving consent. The concurrence of actus reus and mens rea is required,
