In Louisiana, a person commits the crime of rape or sexual battery by engaging in sexual activity without the other person’s consent.
For more information on sex crimes generally, see Sexual Battery Laws and Penalties.
Under Louisiana’s laws, a person commits the crime of aggravated rape by engaging in oral, anal, or vaginal sex with another without that person’s consent when:
(La. Rev. Stat. Ann. § 14:42.)
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.
For more information on these crimes, see Felony Assault and Battery Louisiana, Misdemeanor Assault and Battery in Louisiana, and Assault with a Deadly Weapon in Louisiana.
A person in Louisiana commits the crime of forcible rape by engaging in oral, anal, or vaginal sex when:
(La. Rev. Stat. Ann. § 14:42.1.)
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.
Finally, a person in Louisiana commits the crime of simple rape by engaging in oral, anal, or vaginal sex with another when:
(La. Rev. Stat. Ann. § 14:43.)
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 person commits sexual battery by touching the victim sexually (or making the victim touch the defendant sexually):
A person over the age of 17 commits sexual battery by touching the victim without the victim’s consent, where:
Sexual battery is punished more severely if the defendant inflicts serious injury on the victim, or if the victim is particularly vulnerable.
(La. Rev. Stat. Ann. § § 14:43.1, 14:43.2, 14:43.3.)
For example, a person who engages in digital penetration without the victim’s consent could be guilty of sexual battery. A 19-year-old who engages in oral sex with a 14-year-old could also be convicted of sexual battery, even if the act was consensual.
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.
(La. Rev. Stat. Ann. § § 14:43.1, 14:43.3.)
For more information on spousal rape, see Marital Rape Laws.
Aggravated rape is punishable by life without parole at hard labor.
Louisiana law authorizes the death penalty for people convicted of rape of a child under the age of 13, but the United States Supreme Court has struck down capital punishment for rapists. (Kennedy v. Louisiana, 554 U.S. 407 (2008).)
Forcible rape is punishable by five to 40 years’ imprisonment at hard labor.
Simple rape is punishable by up to 25 years in prison, with or without hard labor.
(La. Rev. Stat. Ann. § § 14:42, 14:42.1, 14:43.)
The punishment for sexual battery varies depending on the circumstances of the offense, but even the least serious offenses are punishable by up to 10 years in prison, with or without hard labor. The most serious sexual batteries are punishable by up to 99 years’ imprisonment at hard labor and lifetime electronic monitoring.
(La. Rev. Stat. Ann. § § 14:43.1, 14:43.2, 14:43.3.)
People convicted of aggravated rape and forcible rape are required to register as sex offenders in Louisiana. Depending on the circumstances, some people who are convicted of simple rape and sexual battery are also required to register. Registered offenders must provide personal information (including their name, home and work addresses, fingerprints, DNA sample, and photograph) to local police and must send notification to all residences and businesses within a certain distance from their home.
(La. Rev. Stat. Ann. § § 15:542, 15:542.1.)
A conviction for rape or sexual battery in Louisiana can have severe consequences, including a lengthy prison term at hard labor and sex offender registration. If you are charged with a sex crime, you should contact an experienced criminal defense attorney immediately. An attorney can explain the legal process to you and help you prepare the strongest possible defense.
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