Rape is the act of sexual intercourse with a person without their consent or with a minor. Generally, for the crime to constitute rape, the person must resist, unless they are incapable of resistance because of mental or physical weakness or deterred from it by fear of bodily harm. A person younger than a designated age, which varies in different states, is considered incapable of giving their consent . There are basically two kinds of rape, date rape and rape by an unknown person. Date rape is much more common, but the latter is the type of rape that most people associate with when they think of rape. Date rape typically occurs when a woman is alone with a man. Most cases happen when a woman and a man are alone at a house; or any other isolated place. Sometimes parties are a prime place for rape, even if many people are present.
             Alcohol and drugs are a significant factor in date rape. On numerous occasions the victim has drunk too much, and they usually can't discern the situation and act logically. Or sometimes the victim has passed out and is raped while unconscious. Mixed signals are another element in date rape. The woman acts in a friendly manner, the man interprets this friendliness as an invitation. "No" is heard as "maybe" and even a strong protest can be ignored under the misconception that women say "no" when they mean "yes." Many times the woman is afraid of saying "no" firmly because it would be considered impolite or it would hurt the man's feelings. She says it while she is smiling or laughing. This mixed message is especially common in cases of date rape.
             In general rape is often difficult to prove. A weapon is rarely used and so it is harder for a person to prove that they were forced to have sex. It is almost always his word against hers. The man's attorney may argue that the woman "wanted" to have sex with his client, did so, and then thought better of it and so charged rape. The man or wom...