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Anto Furundžija, the International Criminal Tribunal for the former Yugoslavia included fellatio in the definition of rape, because [para 183]: "The Trial Chamber holds that the forced penetration of the mouth by the male sexual organ constitutes a most humiliating and degrading attack upon human dignity.The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person, whatever his or her gender".[in regard to Article 36 of the Convention – Sexual violence, including rape].There is not always a requirement that the victim did not consent.While the laws on rape differed by historical period and culture, some elements were common to most jurisdictions until the second part of the 20th century (when rape laws underwent major changes): 'rape' was a crime that could be committed only between parties who were not married to each other, and only by a male against a female.Rape was an offense under the common law of England.

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.