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Rape Laws, Defenses and Penalties
Rape is sexual intercourse that is forced on another without the person’s consent or against the person’s will. This act is criminalized throughout the United States, but the legal term for it varies from state to state.
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No means no, even if “No” is said after dinner, drinks, and flirtation. Gone are the days when a person could avoid a rape charge by saying he was “Led on” or “She was asking for it.” A person who forces a date to have sex commits rape.
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Sexual Assault Laws and Penalties
The term sexual assault, in lay person terms, usually refers to an attack on a person that is sexual in nature. The legal definition of this term actually differs, however, from state to state.
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Aggravated Sexual Assault Charges and Penalties
Aggravated sexual assault or rape is defined as some form of sexual penetration on another against the person's will and without their consent.
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Sexual Misconduct Laws, Charges, & Defenses
A person in a position of power commits the crime of sexual misconduct by taking advantage of that position to enter into a sexual relationship with a person under his or her authority.
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Ten years ago, the United States Supreme Court declared sodomy laws unconstitutional. Historically, sodomy (usually defined as oral and anal sex) was a crime in many states, even when the acts were performed in private, between two consenting adults.
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People who are convicted of crimes, including sex crimes, may want to appeal the verdict. During the appeals process, the convicted person asks an appellate court to review and overturn the judge or jury’s decision.
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Incest Laws and Criminal Charges
An overview on the legalities of incest, different forms of acts of incest which are considered illegal, pressing charges for incest, defenses, penalties that may occur, and how a lawyer can help.
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Public Lewdness: Laws & Penalties
Public lewdness refers to indecent or obscene behavior in public. These laws protect society from public conduct considered immoral and inappropriate.
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Is Sexual Harassment in the Workplace a Crime?
Sexual harassment, if accomplished by acts that are crimes, can become a criminal matter.
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Federal Registration and Civil Commitment Laws for Sex Offenders
In recent years, the federal government enacted laws that created a nationwide sex offender database and required every state to meet new, more stringent registration standards under their own sex offender laws.
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State Sex Offender Registration
Sex offenders must register periodically with state authorities for years after release, and their status as a sex offender affects and limits many aspects of their lives.
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State Civil Commitment for Sex Offenders
Sex offender registration is one of the post-sentence penalties that states impose on people convicted of certain sexual offenses. Twenty states (and the federal government) also have “sexual predator” laws.
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Can Registered Sex Offenders Be Barred From Using Social Media?
The U.S. Supreme Court struck down a law preventing registered sex offenders from using social media such as Facebook and Instagram.
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Steps to Take If You Are Accused of Child Molestation
Here are some important steps to take if you've been falsely accused of this serious crime.
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Is Having Sex in Public a Crime? What Can You Be Charged With?
In most states, the laws that criminalize public sex make it a misdemeanor crime. Some state laws explicitly criminalize public sexual activity. Other laws are broader and cover a variety of indecent or lewd conduct.
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I'm Being Charged with Rape: What Should I Do?
A rape charge is a serious felony charge. It typically involves an accusation that the defendant forced another person to engage in sexual intercourse, anal sex, or other sexual activity involving even the slightest form of penetration, without that person’s consent.
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In a rape case, can a defendant bring up his accuser's sexual history?
Gone are the days when a rape defendant could point to his victim and say, “She’s a loose woman and everyone knows it,” and get away with rape. For the most part those days are gone, thanks largely to the institution of “rape shield laws.”
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What is the difference between sexual battery and rape?
The crime of rape involves forcing another person to engage in sexual intercourse, anal sex, or other sexual activity involving even the slightest form of penetration, without that person’s consent or against the person’s will. In some states, this crime is referred to as sexual battery and the terms
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Can someone be convicted of raping a person with whom he had consensual sex in the past?
It is possible to commit the crime of rape against someone with whom you have previously had consensual sex. It is even possible for a sexual encounter to begin as consensual and become an act of rape. When Does Consensual Sex Become Rape? The crime of rape consists of committing a sexual act (usually
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Sexual Battery: Laws and Penalties
Sexual battery or criminal sexual contact is sexual conduct that does not involve penetration or sodomy, but does involve physical contact of a sexual nature without the other person’s consent.
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Can I be charged with sexual battery when I mistakenly touched the complaining witness?
It is possible to be charged with sexual battery if you touched someone in an intimate part of the person’s body, even if it was a mistake. However, being charged with a crime does not mean you will be convicted, and mistake is a defense that is available to a defendant facing almost any type of criminal charge.
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Sexual Battery in Florida refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent...
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Sexual Battery in Ohio refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery.
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Rape—any nonconsensual sexual intercourse— between non-spouses has always been illegal. However, until 1975, every state had a “marital exemption” that allowed a husband to rape his wife without fear of legal consequences.
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The History of Marital Rape Laws
Marital rape was a term that was viewed by the law as an oxymoron until shamefully late in U.S. history. Until the 1970’s, the rape laws in every state in the union included an exception if the rapist and the victim were husband and wife.
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Depending on the state, solicitation of prostitution can mean either when a prostitute advertises his or her availability to perform sexual acts for compensation, or when a potential patron offers to pay for sex.
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Under most states and counties in the United States prostitution is illegal and punishable as a misdemeanor in most cases. Prostitution is defined as the act of offering, agreeing to or engaging in sexual acts or sexual contact for compensation.
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Prostitution, Pimping, and Pandering
Though prostitution is a crime under federal law and in all states other than Nevada, certain conduct related to it is treated far more severely than the act itself. Pimping and pandering laws are designed to curb prostitution—and to protect people who might take part in it—by punishing those who exploit, facilitate, or knowingly benefit from the sex trade.
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How do the police uncover prostitution rings?
Law enforcement agencies often use -- and courts usually allow -- “sting” operations, where officers go undercover to catch people involved in the sex trade. Sting operations are a practical response to the way prostitution is carried out. Most other crimes come to the attention of law enforcement
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Prostitution is illegal in 49 of the 50 states, Nevada being the sole exception. But some people believe that paid sex is so entrenched in our society that the focus should not be prosecuting it, but rather keeping it clean and safe. Others argue that it’s impossible to strip prostitution of exploitation, harassment, and violence, and that outright prohibition is the only tenable approach.
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Transmitting an STD: Criminal Laws & Penalties
Sexually transmitted diseases, sometimes known as venereal diseases, are diseases that are transferred between people primarily as a result of sexual contact. Some of these diseases can be treated or cured while others, such as human immunodeficiency virus, or HIV, are not curable and can lead to death.
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Can people who spread STDs be charged with attempted murder?
Question If people who are HIV positive have sex without telling their partners of their status, can they be charged with attempted murder?