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Kunarac, Kovac and Vukovic, it was ruled, in regard to the rape during the Bosnian War, where women were kept in detention centers, under extremely harsh conditions, and were selected for sex by soldiers and policemen, that [para 132]: "Such detentions amount to circumstances that were so coercive as to negate any possibility of consent".That offense became an offense under the law of other countries, including Australia and the United States, as a result of colonization or conquest, or the following cession (see British Empire). Under this law, rape traditionally describes the act of a male forcing a female to have sexual intercourse (sexual penetration of the vagina by the penis) with him.Common law rape required the utmost physical resistance by the victim, as well as substantial force by the defendant.Countries around the world differ in how they deal with the mens rea element in the law regarding rape, (i.e.
the belief of the accused that the victim is not consenting or might not be consenting), and in how they place the onus of proof with regard to belief of consent.
Many jurisdictions, such as Canada, and the several US and Australian states, have abandoned the term 'rape' in favor of other terms such as 'sexual assault', 'sexual intercourse without consent', 'criminal sexual conduct', etc. To sustain a conviction, rape might require proof that the defendant had sexual penetration with another person.