What is Rape?
Rape is a form of sexual battery performed against someone who either is unwilling or is unable to consent. Rape can take the form of a violent act, one obtained by coercion, or by taking advantage of one who is unable to resist by virtue of being unconscious, incapacitated, or legally unable to consent (usually because they are underage).
There are several types of rape, typically defined by the circumstances of the crime. These can include date rape, aggravated rape, statutory rape, and others. Different jurisdictions recognize different forms of rape, and usually these variations will carry different sentencing guidelines. Definitions defining a crime as a rape versus a lesser crime such as sexual battery also vary by jurisdiction.
In any rape case, the absence of consent to sexual intercourse is the critical factor. However, it is possible for consent to be initially given then withdrawn. For example, a spouse may rape another spouse even though the very act of marriage may be considered a form of consent to an ongoing sexual relationship. Consent may be withdrawn during the lead-up to a sexual experience. It can even be given by someone who, by operation of law, is not able to give it (such as in statutory rape or in cases of mentally disabled persons) and not amount to legal consent required to avoid rape charges.
One of the most hotly debated forms of rape is what is known as “statutory rape.” Statutory rape occurs when an adult person has sexual intercourse with a person who is below the age of consent (18 in most jurisdictions). The giving of actual consent by the underage person is of no consequence, as the minor is not able to legally give consent.
In some jurisdictions, this crime is a strict liability crime (often the only strict liability crime in a state's body of law). What this means is that there is no need for intent to commit the crime. Indeed, one can take precautions against committing the crime such as asking the minor's age, looking at an identification (that turns out to be fake), or other measures, but if it turns out that the minor was below the age of consent, the other party has committed the crime of statutory rape.
Some jurisdictions have attempted to combat the inherent problems with such an approach by creating age “brackets” between which the statutory rape charge can be discretionary with prosecutors, handled as a lesser crime, or not treated as statutory rape at all. These age brackets are usually within three to five years between the minor and the other person.
Once not a recognized form of rape, marital rape has only recently become a recognized criminal act. At one point, women were considered the property of their husbands and incapable of withholding consent to sexual acts. However, as women gained equal rights under the law, social views regarding rape changed as did the laws of marital consent.
After the use of disabling drugs, such as Rophenol (commonly referred to as “roofies”), became popular as a means of obtaining sexual intercourse from a known acquaintance came to public attention in the 1990s, states responded by passing laws explicitly targeting the act, often called “date rape.” Generally, in this form of rape, a drug is placed in the food or beverage of an unsuspecting victim which renders that person unconscious or in a deeply intoxicated state in which they are unable to withhold consent. Because of the nature of this crime, many states enacted enhanced penalties against its perpetrators.
For more information about the crime of rape, please review the materials below. Additionally, if you or someone you know believes they may have been the victim of rape, you should immediately contact law enforcement. There are also a number of rape victim resources available in virtually every community in the United States, and your local law enforcement agency will probably be able to direct you to these programs. If you have either been accused of rape, or have other legal questions about rape, you can find an attorney in your area by visiting our Law Firms page.
Know Your Rights!
- Considerations for Victims in Prosecuting Rape
It is a difficult topic to discuss or even think about, but rape is a real part of every civilization. Although improvements have been made in the legal system, prosecution of a rapist can still be a drawn out and painful process, and often the victims of rape have no idea what to expect. This article will discuss what rape is and what a victim should expect from the prosecution of the crime.
- What Can You Do if Someone Falsely Accuses You of Rape?
It is an ugly reality, but it is known to happen: petty people misusing the very serious charge of rape as a way to gain an upper hand, get revenge, or otherwise harm another person. The results of such a false accusation can be devastating, even if the person wrongfully accused is ultimately acquitted. So, what can the innocent person do in such a case? What are the consequences to the false accuser?
Articles About Rape Law
- Sexual Assault Laws in PennsylvaniaPennsylvania has a variety of laws that prohibit criminal sexual assault. These laws define criminal conduct and the potential penalties that can arise if a person is convicted of a sexual assault offense. Understanding the nature of the charges against a defendant is integral to protecting one’s legal rights.
- The Rights of Those Falsely Accused of Sexual Assault in CaliforniaIn late 2017, a widespread “#MeToo” campaign tore across the country, highlighting multiple incidents of high-profile assaults committed by actors, CEOs of large corporations and other prominent members of the community. This campaign also caused millions of people across the country to reveal information about their own assaults and make accusations against people who may have never been confronted before.
- Taking Your Name Off the Sex Offender Registry in TexasTexas allows some sex offenders to deregister from the sex offender registry. This strategy allows the sex offender to remove his or her name from the sex offender registry to live a more private and positive life.
- Three Strikes - What Does This Mean in Missouri?Three strikes laws typically apply to habitual offenders who commit serious felony crimes. Three-strikes and similar laws exist in a little over half of the states in the U.S., including Missouri.
- "Making a Murderer" Mini-Series' Steven Avery Denied a New TrialThis week the Circuit Court Judge of Sheboygan County considered whether to grant a new trial in the Steven Avery case; a case that captured the country’s attention with the popular Netflix series, “Making a Murderer.”
- How do I Remove my Name from the Florida Sex Offender Registry?In Florida, a select group of individuals can file a petition to request to have their name removed from the Florida sex offender registry. Due to how serious prosecutors and law enforcement take sex crimes, the ability to be removed from this registry is severely limited and only available in special circumstances.
- Understanding Sexual Battery and Rape Charges in FloridaFlorida lawmakers take sexual battery crimes very seriously. For this reason, penalties are severe and crimes are aggressively prosecuted. Knowing how these crimes are defined can help a defendant learn about how to proceed with his or her case.
- Rape and Sexual Assault Crimes in MinnesotaRape and sexual assault crimes are considered some of the most heinous crimes in Minnesota. Convictions are associated with severe penalties.
- Civil Justice for Sexual Offence Victims in the UKWhile the criminal courts have long provided retribution through sentencing for those guilty of a sexual offence, this often fails to provide full justice to the victim. Those who have suffered serious assaults can find themselves needing long-term medical assistance, not to mention the physical and psychological stress that the offence and subsequent trial has placed on their lives, including loss of career earnings.
- The Right to Produce Previous False Claims in a Sex Crime as EvidenceA defendant facing charges related to sexual crimes has the same right to a fair trial as any other person accused of a crime. A lawyer should be available that has knowledge of the crimes committed and how to defend the individual. Even though accused, he or she still has these rights.
- 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.
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) 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.