What is the gravamen of the crime of forcible rape?

"The gravamen of the crime of forcible rape is a sexual penetration accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. As reflected in the surveyed case law, in a forcible rape prosecution the jury determines whether the use of force served to overcome the will of the victim to thwart or resist the attack, not whether the use of such force physically facilitated sexual penetration or prevented the victim from physically resisting her attacker." (People v. Griffin (2004) 33 Cal.4th 1015, 1027.) The applicable question is whether defendant used force sufficient to accomplish intercourse with the victim against her will, not whether the force was sufficient to overcome her physical strength and ability to resist. (Id. at p. 1028.)

In a prosecution for rape, the requirement of force is minimal; all that is required is that which is sufficient to commit the act without the victim's consent. (People v. Iniguez (1994) 7 Cal.4th 847, 855-856.) "The kind of physical force is immaterial; it may consist in laying hold of and kissing a woman against her will." (People v. Cicero (1984) 157 Cal.App.3d 465, 475; see People v. Bradbury (1907) 151 Cal. 675, 677 [for assault with intent to commit rape, "`"The kind of physical force is immaterial; . . . it may consist in the taking of indecent liberties with a woman, or laying hold of and kissing her against her will"'"].)