Executive Orders EO 13447 2O beyond a reasonable doubt that the affirmative defense did not b. Elements. (1) Rape. (a) Rape by using force. (i) That the accused caused another person, who is of any age, to engage in a sexual act by using force against that other person. (b) Rape by causing grievous bodily harm. (i) That the accused caused another person, who is of any age, to engage in a sexual act by causing grievous bodily harm to any person. (c) Rape by using threats or placing in fear. (i) That the accused caused another person, who is of any age, to engage in a sexual act by threatening or placing that other person in fear that any person will be sub]ected to death, grievous bodily harm, or kidnapping. (d) Rape by rendering another unconscious. (i) That the accused caused another person, who is of any age, to engage in a sexual act by rendering that other person unconscious. {e) Rape by administration of drug, intoxicant, or other similar substance. (i) That the accused caused another person, who is of any age, to engage in a sexual act by administering to that other person a drug, intoxicant, Or other similar substance; {li) That the accused administered the drug, intoxicant or other similar substance by force or threat of force or without the knowledge or permission of that other person; and (ili) That, as a result, that other person's ability to appraise or control conduct was substantially impaired. 263
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