(the term rape in the aggravated felony definition, INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight, and also requires that the underlying act be committed without consent; lack of consent includes where the victims ability to appraise the nature of the conduct was substantially impaired and the offender had a culpable mental state as to such impairment).

NOTE: The BIA suggested, but did not hold, that lack of consent may include inability to consent due to age.