Rape Laws

Rape is a form of sexual assault by a person or persons against another person or person that sexual intercourse and/or sexual penetration without consent of that person, most often by brute physical force.  Rape is a serious sex crime and a civil assault.  Rape even goes so far as to be classified as a crime against humanity when it is a systematic practice and includes sexual slavery, kidnapping, and human trafficking for sexual purposes.  In some jurisdictions, rape is defined to cover only acts involving sexual penetration, while other jurisdictions define rape to cover almost all non-consensual sexual activity.  In over 90% of all rape cases, the victims are female.  There are many types of rape.

These include, but are not limited to, date rape (the most common form), gang rape, spousal rape, war rape, acquaintance rape, prison rape and statutory rape.  Statutory rape has become much more prevalent, due in large part to many states prosecuting high school student who have consensual sex with each other, yet have one partner over 18, and one under 18.  Statutory rape is the only form of rape that involves consensual sex; all other forms are acts of a forced nature or involving a ‘date rape’ drug.  Any rape of a minor, especially young child comes with heavy sentencing.

Rape Penalties

A charge of rape can be a very serious offense. Contributing factors to higher charges and sentences include the levels of violence committed and the age of the parties involved.

Possible Penalties

• Federal imprison periods dependant severity of crime and additional charges
• Fines for court costs, victim restitution, and other associated legal fees
• Civil litigation from victims and their loved ones
• Mandatory sex-offender registration for convicted offenders

Rape Sentencing

In many cases, rape is a crime committed in some form of privacy between two parties.  In addition, the highest number of reported rapes involves date rape and rape by someone the accused knew.  Thus, the burden of proof can be very difficult in a rape case, as even ‘evidence’ can come into question due to the he said/she said sexual nature of the assault.  When alcohol is involved, these cases become even more complex and harder to prove.  

If a purported victim does not instantly get a Rape test and file a report, it becomes much harder to prove and throws the motive into question.  Unfortunately, there are many instances of false rape claims to forward an agenda.  Thus, it is imperative to hire a lawyer if ever facing a rape case, especially given the emotionally charged nature of the crime.

Rape Charges and Legal Help

Rape is a serious crime, and rape trials involve a number of complex issues and a high burden of proof.  If you are facing a rape charge, it is in your best interest to hire a seasoned lawyer to ensure your legal rights are protected.

• If you need help with a Federal Criminal charge, Submit Your Case for a Free Review from a local Criminal Defense Lawyer.