Rape

Forced sexual intercourse, or sexual intercourse with a person who does not give consent, is unable to give consent or is under the legal age to give consent, may be considered rape. For example, if a person was unconscious, drugged or disabled and thus was unable to give consent, this may be considered rape. Additionally, forcing a conscious person to engage in some form of sexual intercourse against his or her will may be considered forcible rape.

Rape is sex crime typically charged as a felony. It is considered one of the most serious sexual offenses a person may commit, and the penalties are often severe, ranging from years to life in prison.

Factors that will influence sentencing will include:

• The age of the alleged perpetrator and the age of the victim
• The manner in which the act was carried out (by force, threats, etc.)
• Whether the victim suffered bodily injury due to the offense
• Whether the act was carried out with the aid of others
• The defendant's criminal history

There are different types of rape that a person may be accused of committing. Date rape, for example, is described as forced or non-consensual intercourse with someone that the alleged perpetrator knows. It is often associated with drugs and alcohol. Spousal rape involves the rape of one spouse by the other, as marriage is not considered to give a spouse free rein to engage in intercourse when the other spouse does not wish to. Statutory rape involves sexual intercourse between an adult and minor. In these cases, the minor may have initiated the act or may have agreed to it, but his or her age renders consent invalid.

Specific penalties as well as the classifications and definitions of rape will vary depending upon the state and county in which this offense is allegedly committed. It is important to discuss your unique case and concerns with a local lawyer who can advise you of your options.

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