A conviction for rape could lead to severe punishments such as the requirement to register as a sex offender and serving a prison sentence. Rape involves both sexual assault and in most cases, general assault due to the injuries inflicted on victims in self-defense. If you or your loved one is accused of rape, seeking the guidance and representation of an expert lawyer is the best choice.
Rape is a form of sexual assault, but not all sexual assault is rape. The term rape is often used as a legal definition to specifically include sexual penetration without consent. For its Uniform Crime Reports, the FBI defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
The most common form of rape is forcible rape, in which an offender uses violence or threats of violence to force a victim into sexual intercourse. In most states, however, rape can also occur with other forms of duress, such as blackmailing the victim.
Prosecutors can charge rape when an offender and victim have a preexisting relationship (including so-called date rape), or even when the offender is the victim’s spouse.
The traditional offense of rape required proof of five elements penetration, force and resistance, nonconsent, absence of a spousal relationship (the marital exemption), and a culpable state of mind (mens rea).
Lack of consent is a necessary element in every rape. But this qualifier does not mean that a person may make sexual contact with a minor or incapacitated person who actually consented. Lack of consent may result from either forcible compulsion by the perpetrator or an incapacity to consent on the part of the victim. Persons who are physically or mentally helpless or who are under a certain age in relation to the perpetrator are deemed legally incapable of consenting to sex.
There are several types of rape. Rape is a violent crime involving sexual acts forced on one person by another. The forms of rape may be specified based on who is committing the rape, who the rape victim is and the specific actions involved in the rape. Some types of rape are considered much more severe than others.
The term “diminished capacity” occasionally comes up in the world of forensic psychology. It doesn’t get as much attention as not guilty by reason of insanity (NGRI), but it’s still an important psycho-legal construct that forensic psychologists can evaluate for. The diminished capacity plea is based on the belief that certain people, because of mental impairment or disease, are simply incapable of reaching the mental state required to commit a crime.
Statutory rape refers to sexual relations involving someone below the “age of consent.” People who are underage cannot legally consent to having sex, so any form of sexual activity with them violates the law. This is true even in situations where they signal their agreement.
The term “acquaintance rape” (or “date rape”) refers to rape or non-consensual sexual activity between people who are already acquainted, or who know each other socially friends, acquaintances, people on a date, or even people in an existing romantic relationship where it is alleged that consent for sexual activity was not given, or was given under duress. The vast majority of rapes are committed by people who already know the victim.
Aggravated rape is defined as a rape that occurs under any of the following scenarios:
This is the kind of sexual assault that most people think of when they hear the word ‘rape.’ A woman may be grabbed on the street, or attacked in her home. This kind of rape is very frightening, but it is much less common than rape by someone the woman knows.
Gang rape. A woman can be raped by more than one man. Sometimes a man starts raping a woman and other men see it and join in. Or sometimes young men and boys get together and rape a woman to prove their ‘manhood’ to one another.
Marital rape or spousal rape is the act of sexual intercourse with one’s spouse without the spouse’s consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse’s consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized.
The punishment for any form of rape is generally a lengthy prison sentence, the specific duration of which will be based on the laws of your state. In addition, a convicted defendant normally will have to register as a sex offender for life.
When facing charges of sex offenses such as rape, it is important to have a criminal defense lawyer to present the case and provide the courtroom with the evidence against the charges. The legal representative will work to protect the client throughout the trial.
The very first step of bringing client onboard is to have a no obligation consultation.
Then comes the evaluation of the situation. And building the case background.
After building the whole case, now is the time to fight it in the court.
As we fight the case, we keep on collecting more information to support the case.