In legal terms, rape is a criminal act that is generally charged as a violent felony. Importantly, each state in the United States has its own set of criminal laws, including specific laws about what constitutes the act of rape in that state. However, in general, the rape is defined as the act of having unlawful sexual intercourse without a person’s consent, regardless of the victim’s gender.
There are many different situations in which a person may be charged with rape, including:
- When an individual engages in sexual intercourse against another person’s will, or without that person’s consent, by use of force, violence, fraud, fear, or duress;
- When one party is too Intoxicated to provide proper consent, and the other party engages in sexual conduct with them;
- When a person engages in sexual conduct with another person, and that person suffers from a mental or physical disability which prevents them from being able to properly consent to the sexual conduct; and/or
- When a person engages in sexual conduct with another person who at the time is incapacitated.
- Incapacitated means that the victim at the time was unaware that they were engaging in a sexual act, such as a person that is asleep or unconscious.
What Are Some Different Categories of Rape?
Once again, there are many situations that may result in rape charges being filed. There are also many different forms of rape that depending on the criminal factors that are present during the criminal act.
Examples of factors may include the individuals’ ages, as well as the relationship between the two parties. Examples of different forms of rape include:
- Statutory Rape: Statutory rape is a strict liability crime that occurs when an individual engages in sexual activities with someone under the age of consent for that state.
- As a strict liability crime, in determining whether or not a person is guilty of statutory rape, the intention of the parties engaging in the sexual activities is not considered.
- Instead, only the individuals’ ages will be considered when determining guilt;
- Date Rape: Date rape occurs when unlawful sexual intercourse is committed during a social engagement between the perpetrator and the victim.
- Date rape may also occur when the victim has been drugged and the perpetrator has sexual intercourse with them; and
- Marital Rape: Martial rape occurs when one spouse forces a sexual act on the other spouse without their consent.
- Historically, martial rape was not always recognized as a criminal offense. However, marital rape is now considered to be a serious crime, and the criminal defendant is not permitted to use marriage as a defense in a rape case.
It is important to note that rape is a criminal act which may occur in many different ways if certain criteria are met, not just in the situations mentioned above. Additionally, in some states, rape is further divided into degrees based upon the seriousness of the offense.
First degree rape can include acts of rape that result in severe physical injuries and will carry harsher punishments than second degree rape. Second degree rape may not involve any injuries beyond the incident itself.
What Are Some Traditional Rape Laws, Misconceptions, and Social Stigmas?
Historically, the definition of the crime of rape under state laws was narrowly defined as an act of sexual intercourse by a man with a woman, against the woman’s will. Contemporary laws now recognize that a rapist or victim may be an adult of either gender or a child.
However, the traditional notion of how rape occurs may be reinforced by various misconceptions and social stigmas. For instance, many individuals believe that it is still not possible for a woman to rape a man because their sexual response is voluntary. However, this has repeatedly been proven to not be the case.
In addition, many individuals believe that women are unable to rape men because they are weaker and smaller. This is once again untrue, as women are also capable of physically injuring men and forcing themselves upon them. Additionally, a woman may also utilize the threat of a weapon or a date rape drug when committing an act of rape.
All in all, state laws have evolved to provide a gender neutral definition for the crime of rape in order to capture all criminal offenders that may commit the criminal act of rape. As such, social stigmas will not prevent a state from punishing an individual for a rape crime.
Can a Woman Be Prosecuted for Raping a Man?
As mentioned above, yes, a woman may be prosecuted for raping a man. Although a minority of states still used the traditional definition of rape, every state has now developed or amended their laws on rape to be gender neutral. States may also have added new laws which criminalize other forced sexual acts between parties of different genders, ages, or sexual orientations.
Additionally, In 2012, the Federal Bureau of Investigation (“FBI”) revised its definition of rape for nationwide data collection to be gender neutral. Further, they broadened the definition of rape to include various forms of penetration without consent, such as vaginal, anal, or oral penetration by any body part or object.
States then followed suit and amended their laws or added new charges. Pursuant to state criminal rape statutes, a woman may either be charged with raping a man or another woman with same sex rape. In addition, a woman may also be criminally charged with statutory rape of minor boys who are under the age of consent.
In fact, there have been several widely publicized cases of female-male statutory rape cases in the United States which involved school teachers being accused of raping their teenage male students.
Can Anyone Press Charges for Rape?
In short, yes. In many jurisdictions, general and statutory rape statutes allow any gender along with anyone that possesses parental rights over a minor, to press charges for rape. This means that any gender can press charges for rape. Additionally, it is not necessary for a minor to press charges on their own behalf for rape, as their parents or legal guardians may pursue criminal charges for the minor.
What Are the Legal Consequences for a Rape Conviction?
There are several legal consequences that an individual may face if they are charged and convicted with rape. First, a person convicted of rape may be required to register as a sex offender in their state. A rape conviction may also cause an individual to have issues at their place of employment, at school, or in their personal lives.
Once again, rape most often carries a felony charge and is considered to be a violent felony. The exact penalties associated rape conviction will vary by state and will depend upon the facts and circumstances of each unique case.
However, a conviction for rape is likely to result in incarceration for the convicted party, with the length of imprisonment being a minimum of one year in prison. The length of time that a defendant will depend upon the severity of the offense and whether or not the defendant has a prior conviction for rape or other violent felonies.
In certain cases, a rape conviction may even result in a life sentence for a defendant. This is especially true in cases involving a minor or if the offense results in the death of the victim. In general, the judge or fact finder will have the final say at the criminal sentencing phase of the trial when determining the appropriate sentence.
Courts also have the discretion of allowing a defendant to be eligible for parole or an alternative form of criminal sentencing. Additionally, a court may also order a party to pay criminal fines or restitution to the victim.
Do I Need a Lawyer for Help for Rape Charges as a Woman?
If you have been arrested or charged with rape as a woman, you should immediately consult with an experienced criminal defense attorney. As can be seen, anyone may be charged with the crime of rape, and the resulting penalties are severe as the crime is considered a violent felony. An experienced rape attorney will be able to help discuss your best course of legal action.
An experienced rape attorney will also be able to help you understand your state’s specific laws on rape, and how those laws will affect your legal rights and options. Additionally, an experienced lawyer is paramount in order to ensure that an individual that has been accused of rape is able to timely raise any applicable legal defenses.
Finally, an experienced attorney will also be able to represent you at any in person criminal proceeding, as needed, throughout the criminal process.
