Rape Law
Whereas Statutory Rape is defined as a sexual relation with a partner who is below the age required to legally consent to engage in sexual intercourse. Generally rape includes the acts of incest, date rape and sexual assault.
To consult State Legislation regarding rape laws and regulations please see the Criminal Code by State page.
Rape Law - US
- ABA - Rule of Law Initiative (ABA ROLI) - Sexual Violence
The ABA Rule of Law Initiative (ABA ROLI) will partner with non-governmental organizations (NGOs), the Bar Association and the Judges’ Association to develop and implement a series of capacity-building trainings for the police, prosecutors, judges and magistrates to promote more effective investigation, prosecution and adjudication of gender-based violence (GBV) and sexual violence cases.
- DOJ - Prison Rape Elimination Act of 2003
Congress enacted the Prison Rape Elimination Act of 2003 (PREA)[1] to address the problem of sexual abuse of persons in the custody of U.S. correctional agencies. PREA calls for Federal, State, and local corrections systems to have a zero-tolerance policy regarding prison rape (as defined by PREA) in prisons, jails, police lock-ups, and other confinement facilities.
- FBI - Forcible Rape
Forcible rape, as defined in the Uniform Crime Reporting (UCR) Program, is the carnal knowledge of a female forcibly and against her will. Assaults and attempts to commit rape by force or threat of force are also included; however, statutory rape (without force) and other sex offenses are excluded.
- National Center for Victims of Crime - Spousal Rape Laws
Until the late 1970's, most states did not consider spousal rape a crime. Typically, spouses were exempted from the sexual assault laws. For example, until 1993 North Carolina law stated that "a person may not be prosecuted under this article if the victim is the person's legal spouse at the time of the commission of the alleged rape or sexual offense unless the parties are living separate and apart." These laws are traceable to a pronouncement by Michael Hale, who was Chief Justice in England in the 17th century, that a husband cannot be guilty of rape of his wife "for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto the husband which she cannot retract." (1) In the late 1970's, feminists began efforts to change these laws. Currently, rape of a spouse is a crime in all 50 states and the District of Columbia.
- National Institute of Justice - Rape and Sexual Violence
The term "sexual violence" refers to a specific constellation of crimes including sexual harassment, sexual assault, and rape. The perpetrator may be a stranger, acquaintance, friend, family member, or intimate partner. Researchers, practitioners, and policymakers agree that all forms of sexual violence harm the individual, the family unit, and society and that much work remains to be done to enhance the criminal justice response to these crimes.
- Office on Violence Against Women (OVW)
he Office on Violence Against Women (OVW), a component of the U.S. Department of Justice, provides national leadership in developing the nation's capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA). Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking.
- Rape - Overview
A criminal offense defined in most states as forcible sexual relations with a person against that person's will. Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion. Rape laws in the United States have been revised over the years, and they vary from state to state.
- Statutory Rape Laws by State
Most states do not refer specifically to statutory rape; instead they use designations such as sexual assault and sexual abuse to identify prohibited activity. Regardless of the designation, these crimes are based on the premise that until a person reaches a certain age, he is legally incapable of consenting to sexual intercourse. Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse. The age of consent varies by state, with most states, including Connecticut, setting it at age 16. The age of consent in other states ranges from ages 14 to 18.
- Victims of Trafficking and Violence Protection Act
On October 28, 2000, President Clinton signed into law the Victims of Trafficking and Violence Protection Act (P.L. 106-386). This law, which passed Congress on October 11, 2000, by overwhelming margins, combines the Violence Against Women Act of 2000 and the Trafficking Victims Protection Act of 2000. Included in the legislation protecting victims of domestic violence and trafficking in persons are several provisions related to immigrants, summarized below.
- WomensHealth.gov - Date Rape Drugs
These are drugs that are sometimes used to assist a sexual assault. Sexual assault is any type of sexual activity that a person does not agree to. It can include touching that is not okay; putting something into the vagina; sexual intercourse; rape; and attempted rape. These drugs are powerful and dangerous. They can be slipped into your drink when you are not looking. The drugs often have no color, smell, or taste, so you can't tell if you are being drugged. The drugs can make you become weak and confused — or even pass out — so that you are unable to refuse sex or defend yourself. If you are drugged, you might not remember what happened while you were drugged. Date rape drugs are used on both females and males.
State Sex Offender Registry
Organizations Related to Rape Law
- An Abuse, Rape and Domestic Violence Aid and Resource Collection (AARDVARC)
The organization was formed in 1996 and incorporated as a non-profit organization in 2001 (IRS ruling received in 2004) by former victims of relationship and family violence for the purposes of assisting others to find resources, receive guidance, and enjoy the support and empathy of others who have "been there, done that". We went from victims to advocates - leaving our abusive situations and going on to run battered women's shelters or to work as police officers, 911 dispatchers, victim advocates, or counselors.
- Dru Sjodin National Sex Offender Public Website (NSOPW)
The Dru Sjodin National Sex Offender Public Website (NSOPW), coordinated by the U.S. Department of Justice, is a cooperative effort between Jurisdictions hosting public sex offender registries (“Jurisdictions”) and the federal government. These Jurisdictions include the 50 states, Puerto Rico, Guam, the District of Columbia, and participating tribes. This Website is a search tool allowing a user to submit a single national query to obtain information about sex offenders through a number of search options.
- National Sexual Violence Resource Center (NSVRC)
The National Sexual Violence Resource Center serves as the nation’s principle information and resource center regarding all aspects of sexual violence. It provides national leadership, consultation and technical assistance by generating and facilitating the development and flow of information on sexual violence intervention and prevention strategies. The NSVRC works to address the causes and impact of sexual violence through collaboration, prevention efforts and the distribution of resources.
- National Violence Against Women Prevention Research Center (NVAWPRC).
Mission and Goals: To help prevent violence against women by advancing knowledge about prevention research and fostering collaboration among advocates, practitioners, policy makers, and researchers.
- Office for Victims of Crime (OVC) - Rape
With the Victims of Crime Act (VOCA) funding from OVC, state agencies within the United States and U.S. territories have established compensation programs to reimburse crime victims and assistance programs to offer victim services.
- Rape Crisis Centrer - Serving Children, Women and Men
Every day tragedy meets someone who is victimized by sexual violence. The Rape Crisis Center for Children & Adults is there, providing immediate crisis care, support, and hope to those individuals and families afflicted by this horrific crime.
- Rape, Abuse and Incest National Network (RAINN)
The Rape, Abuse & Incest National Network is the nation's largest anti-sexual assault organization. RAINN operates the National Sexual Assault Hotline at 1.800.656.HOPE and the National Sexual Assault Online Hotline at rainn.org, and publicizes the hotline's free, confidential services; educates the public about sexual assault; and leads national efforts to prevent sexual assault, improve services to victims and ensure that rapists are brought to justice.
- Sexual Assault Nurse Examiner - Sexual Assault Response Team (SANE-SART)
The goal of this Web site is to provide information and technical assistance to individuals and institutions interested in developing new SANE-SART programs or improving existing ones.
- Women's Justice Center - Special for Rape Victims
Our mission: tto provide advocacy, free of charge, for victims of rape, domestic violence, and child abuse, particularly in the Latina and other under served communities of Sonoma County. To provide advocacy training and community education. To coordinate the Task Force on Women in Policing with the goal of increasing the number of women and minorities in our law enforcement agencies. To commit to equal justice for all women and girls.
Publications Related to Rape Law
- Rape Crisis Blog
This blog was created in order to bring to the forefront the sad reality of rape victims throughout the world in the 21st century. Currently I'm collecting every piece of information I can find regarding this subject, and put it here with reference to the origin.
- Rape Prevention Education - FAQs
This page answers some of the questions we get asked about sexual abuse and rape. Select the question you want to find out the answer to and you can then choose whether you want to read the answer or watch Vickie or Rachel answer it in person.
- WordPress.com - Rape
Open source WordPress has been incredibly successful and risen from a handful of users to the most-used blog tool in its category.
Articles on HG.org Related to Rape Law
- Criticism and Changes to the Maryland Sex Offender RegistrySex offender registries exist in one form or another across the nation, but there are differences state to state. However, most (if not all) state registries are public in nature.
- Ohio Rape Case Begs the Question: How Drunk Is Too Drunk to Consent to Sex?An August 2011 sexual assault case that brings into question the validity of drunken consent to sex, is still being debated in Steubenville, Ohio. Members of organizations that work with victims of sexual assault across the country are pleased with the national attention this particular case is receiving, and regardless of the outcome, anticipate that the publicity will deter related crimes.
- Restitution Award in DUI Case Reversed and Vacated Because Trial Court’s Calculation Not RationalIn the following 2009 case, a DUI matter, O.M. was driving his car when hit by DUI Defendant R.P. on Beach Boulevard in Orange County. O.M. sustained broken ribs, back fractures and a serious knee injury.
- Maryland Citizen’s Dream of Death Penalty Abolition Closer to RealityTo execute just one innocent person is too much, even if it means that people convicted of offenses like homicide will escape the ultimate punishment for their crimes.
- The Bail Review Problem in Maryland Criminal JusticeOften times defendants without legal representation end up getting held for criminal offenses when they shouldn’t be.
- Sexual Assault under Texas LawSexual assault, or rape in Texas is defined as a person intentionally, knowingly and recklessly causing or threatening to cause bodily harm to another through sexual contact without the victim's consent.
- Man Who Impersonates Female’s Boyfriend while Having Sex Is Improperly Convicted of RapeAccordingly, the conviction was reversed and the matter was remanded for retrial, with instructions to the trial court to remove that part of the subject jury instructions which said, “or not aware of the essential characteristics of the act because the perpetration tricked, lied to, or concealed information from her.”
- What is Indecent Exposure (Penal Code § 314)“Exposing oneself” means to reveal your entire naked body. Exposing one’s “private parts” means to show your bare genitals. Showing a bare female breast is not considered exposing one’s “private parts” (or else breastfeeding mothers might face indecent exposure charges). Similarly, flashing someone your under wear, no matter how revealing or skimpy, is not indecent exposure for purposes of Penal Code § 314.
- Explaining the Difference in Statutory Rape & Child Molestation ChargesStatutory rape and child molestation are two topics that are often confused. They both involve sexual relations with a person who is below the age of consent, and they both violate the law.
- Child Rape Charges Aided by Criminal Defense AttorneysCriminal defense attorneys understand the seriousness of a child rape charge. Not only is your freedom at stake but also your reputation, because you could be registered as a sex offender. When it comes to this type of charge, even an accusation can impact the rest of your life. There will always be the question as to whether or not you are guilty of this crime.
- All Criminal Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.

