Is a forcible rape a crime in which the victim's resistance is overcome by force or violence?

This argument ignores the rape statute's history. Before 1981, a forcible rape was one in which "a person resists, but the person's resistance is overcome by force or violence." (former Pen.Code, 261, subd. (2).) Overcoming the victim's resistance was an element of the crime, and marks of struggle were evidence of resistance. This led to an unjust paradox: By intimidating a victim into quick submission, a rapist avoided creating the evidence that might later be necessary to convict. (See People v. Salazar (1983) 144 Cal.App.3d 799, 806-808, 193 Cal.Rptr. 1.) A statutory amendment in

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