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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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Cultural and Political Issues in Rape Cases
What do “Gone With The Wind,” “Doctor Zhivago,” and “Atonement” have in common? Yes, all three were best-selling books made into hit movies. But, although all three boast strong female characters, all three depict those women as the victims of ambiguous rapes. Ambiguity shrouds even the legal
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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
Sexual assault or rape refers to the crime of forcing sexual intercourse, sodomy or some form of sexual penetration on another, against the person’s will and without the person’s consent. Most, if not all states, define sexual penetration as penetration of the vagina with a part of the body or an object.
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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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Sodomy Prosecutions in the Military
Although states can no longer criminally prosecute people for engaging in consensual sodomy (oral and anal sex), sodomy remains a crime in the military.
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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
The crime of incest is committed when people who are related to one another engage in sexual activity, get married, or live together as man and wife. While the precise behavior that is considered incest varies across different states and cultures, almost all societies consider some forms of incest taboo, and laws reflect those beliefs.
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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?
Despite success in raising awareness of sexual harassment and changes in the law to address it more effectively, sexual harassment is still a widespread problem in workplaces in the U.S. It is illegal in the sense that it violates federal and state civil laws. But, is it ever also criminal? The answer is that some, but not all, acts of sexual harassment are also crimes
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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 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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State Sex Offender Registration
For people convicted of certain sexual offenses, the end of their prison sentence is not the end of the legal restrictions imposed on them. 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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Can a registered sex offender be barred from using social media?
Do registered sex offenders have a First Amendment right to access Facebook? Yes, according to the U.S. Supreme Court. In June 2016, the Court struck down a North Carolina law that barred registered sex offenders from using social networking websites. The court ruled that the law unconstitutionally limited offenders’ free speech rights. (Packingham v. North Carolina, Case No. 15–1194 (June 19, 2017).)
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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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Restitution Orders for Defendants Convicted of Viewing Online Child Pornography
How much should a defendant pay who has viewed an online, pornographic image of a child? Should a victim be entitled to full compensation every time someone looks at the images?
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Is having sex in public a crime? What are you 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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Can a person be charged with raping someone of the same gender?
Answer: In general, yes, although sexual assault laws differ from state to state. However, anyone who engages in sexual contact with another person without their consent is at risk for prosecution in every state in the U.S.
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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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