Louisiana divides sexual assault into two main categories—rape and sexual battery. Both crimes prohibit engaging in sexual conduct with another person without lawful consent. Both can result in felony convictions, as well as mandatory sex offender registration.
Rape applies when the offender engages the victim in oral, anal, or vaginal sex. Some type of penetration occurs during rape. Sexual battery, on the other hand, involves a defendant sexually touching the victim or making the victim sexually touch them.
This article will review the definitions and penalties for the crimes of rape and sexual battery in Louisiana.
Louisiana divides the crime of rape into three degrees, depending on the circumstances of the offense. The more severe the offense is, the harsher the penalty will be. Prosecutors charge all levels of rape as felonies, and all require sex offender registration.
Under Louisiana's laws, a person commits the crime of first-degree rape by engaging in oral, anal, or vaginal sex with another without that person's lawful consent when:
For example, a person who forces someone to perform oral sex while armed with a gun could be convicted of aggravated rape. A defendant who uses force or threatens injury while committing a sex crime could also be charged with assault or battery.
Aggravated rape carries the penalty of life in prison without parole. (Louisiana law authorizes the death penalty for people convicted of rape of a child under the age of 13, but the U.S. Supreme Court has struck down capital punishment for rapists.)
A person in Louisiana commits the crime of second-degree rape by engaging in oral, anal, or vaginal sex without the lawful consent of the victim because:
For example, a person who administers Rohypnol (the "date rape" drug) to someone and then has intercourse with the person could be guilty of forcible rape. A second-degree rape conviction subjects a defendant to 5 to 40 years' imprisonment at hard labor.
An offender commits the crime of third-degree rape by engaging in oral, anal, or vaginal sex with another, without their lawful consent, when:
For example, a person who has intercourse with a woman who is so drunk that she is incapacitated could be convicted of simple rape. A guilty defendant faces up to 25 years in prison, with hard labor.
Sexual battery involves an offender sexually touching the victim or making the victim sexually touch the offender. Louisiana breaks down this category even further, depending on the nature and circumstances of the offense.
A person commits sexual battery by touching the anus or genitals of the victim, directly or through clothing (or by making the victim touch the defendant sexually):
A person 17 or older commits sexual battery by touching the victim without the victim's consent, where:
Depending on the circumstances of the offense, guilty defendants face 10 to 99 years in prison, with or without hard labor. An adult defendant (age 17 or older) must serve at least 25 years in prison for crimes involving a victim younger than 13 or a victim who is physically or mentally incapacitated.
Second-degree sexual battery occurs when an offender intentionally inflicts serious bodily injury on the victim during unlawful sexual conduct. Serious bodily injury means bodily injury that involves unconsciousness, extreme physical pain, disfigurement, substantial risk of death, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
A guilty defendant is subject to up to 15 years in prison, with or without hard labor. Offenders who are 17 or older and commit second-degree sexual battery on a victim who is under the age of 13 years face 25 to 99 years in prison. Finally, if the victim is particularly vulnerable, such as physically disabled, mentally incapacitated, or over the age of 64, the penalties include 25 to 99 years in prison.
An offender commits oral sexual battery by using their tongue to touch the anus or genitals of the victim (or vice versa) when any of the following occur:
Oral sexual battery carries 25 to 99 years in prison, with or without hard labor.
Misdemeanor sexual battery involves a person intentionally touching the breasts or buttocks of a victim (or vice versa), directly or through their clothing. Penalties for this offense include up to six months' incarceration and a $1,000 fine.
Defendants charged with sexual battery or rape have the usual defenses available to all criminal defendants, starting with "Someone else committed this crime."
A defendant can also claim that the sexual conduct was consensual. However, statutory rape laws make those under 17 years of age legally incapable of giving consent to sexual activities. This means that even if the minor consented, the sexual activity was nonetheless illegal, and the defendant may be convicted of sexual battery or rape. Furthermore, those with certain disabilities do not have the ability to consent to sexual activities.
Louisiana law makes it clear that a defendant's lack of knowledge of the victim's age is not a defense to these crimes—no matter how reasonable the offender's mistake might have been. It is a defense to a charge of sexual battery against a child under the age of 15 that the defendant is the child's spouse. However, the defense only applies to consensual activities.
Defendants convicted of certain sex crimes are required to register as sex offenders in Louisiana. Misdemeanor sexual battery convictions do not carry mandatory sex offender registration. Registered offenders must provide personal information (including their name, home and work addresses, fingerprints, DNA sample, and photograph) to local police.
Failure to register can result in an additional crime conviction that carries 2 to 10 years in prison with hard labor and a $1,000 fine. Subsequent convictions carry penalties of 5 to 25 years' imprisonment with hard labor and a $3,000 fine.
If you are facing a rape or sexual battery charge, contact an experienced criminal defense attorney in your area as soon as possible. A lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to the unique circumstances of your case. A knowledgeable attorney can also advise you on how the law will apply to your set of facts.
Victims can find additional information on our Victim Resources page. Among the resources listed is RAINN, the largest anti-sexual violence organization in the country.
(La. Rev. Stat. §§ 14:2, :41 to :43.3; 15:541, :542, :542.1.4 (2021); (Kennedy v. Louisiana, 554 U.S. 407 (2008).)