1. Common law define rape as the forcible carnal knowledge of a woman against her will. The barrier to establishing rape under common law was to show that the victim did not consent to sexual intercourse. The victim was to establish lack of consent by showing resist to the utmost, showing bruises rip clothes and scratches. Fraud in the factum where misrepresentation causes one to enter a transaction without accurately realizing the risk duties or obligations incurred Fraud in inducement the intercourse that results from a misrepresentation as to the purpose or benefits of the sexual.