Abstract: This paper deems it necessary to take the act of violence into consideration in the meantime the accused has sexual intercourse with a female victim either from psychotic seizure or from mental subnormality by coerce and force. In fact, the accused has committed a crime of rape based on the criminal law no matter how the victim keeps the capacity of sexual selfdefence or not. However, in case a female victim voluntarily fornicates with an opposite sex, or remains indifferently and without any resistence at all at the monent of being raped, only in such a case the evaluation of the capacity of sexualself-defence in a psychiatric expertise should be indispensable and meaningful

Key words: sexual crime, victim, psychiatric expertise