Rape Laws
Rape is one of the most serious non-homicide offenses. It lies at the intersection of sex crimes and violent crimes. A defendant convicted of rape likely will receive a lengthy prison term. Even after release, they could face major obstacles in areas such as employment or housing. Someone accused of rape should not discuss their circumstances with the police or prosecutors. They should enlist an attorney experienced in these cases to handle the investigation and any legal proceedings.
What Is Rape?
Rape is sex without consent. States have varying definitions of consent or non-consent.
Elements of Rape
A prosecutor bringing a rape charge usually must prove that the defendant had sex with another person without their consent. Statutes often identify certain situations that indicate a lack of consent. These tend to include situations in which the defendant used force or coercion or the victim was unable to consent, such as when they were unconscious, incapacitated by alcohol or drugs, or suffering from a mental illness or disability. Some laws specifically include any situation in which the victim expressed a lack of consent through their words or conduct.
Some states no longer have an offense called “rape” in their criminal codes. For example, Florida describes this conduct as “sexual battery,” while Illinois refers to “criminal sexual assault.” Regardless of the terminology, though, non-consensual sex is prohibited and severely punished in every state.
Examples of Rape
The following hypothetical narratives may be disturbing to some readers.
Phil invites his date for drinks at his apartment. She eventually gets so drunk that she passes out on his sofa. Phil takes off her clothes and has sex with her.
Suppose instead that Phil does not get his date drunk. Instead, he waits until she gets ready to leave and then tells her that she needs to give him a blowjob first. When she objects, Phil blocks the door to his apartment and refuses to move until she complies.
Offenses Related to Rape
Some other crimes that could be charged in situations similar to those supporting a rape charge include:
- Sexual assault: sometimes used interchangeably with rape, but may refer to a broader range of non-consensual sexual conduct
- Statutory rape: sex with a person below the age of consent (see above)
- Sexual misconduct by authority figure: sexual acts for which non-consent is presumed because the perpetrator has certain authority or influence over the affected person
- Assault and battery: could be charged if the perpetrator put the affected person in reasonable fear of imminent harm, or actually injured them
- Domestic violence: could be charged if the perpetrator forced a current or former intimate partner into unwanted sex, or threatened or injured them while pursuing it
- Kidnapping: perhaps the perpetrator seized the victim and took them somewhere so that they could sexually assault them
The weight of these charges and the associated penalties varies. Sometimes a defendant might arrange for a plea deal in which they plead guilty to some charges while getting more serious charges dropped.
Defenses to Rape
One of the main defenses to a rape charge is that the affected person provided valid consent. The success of this strategy may hinge on whether the defendant or the affected person is more credible, since there often are no other witnesses to the incident. However, this argument may be hard to make if there is physical evidence of force, such as bruises or wounds on the affected person. (Physical evidence is not needed to prove a lack of consent, though.)
If the defendant and the affected person were strangers, the defendant might argue that they were mistaken for someone else. Perhaps the crime occurred on a dark street, or perhaps the assailant wore a mask or did not have distinctive features. A defendant might present an alibi showing that they were somewhere else when the incident occurred. This could be established by testimony or documentary evidence.
Every allegation of a sex crime should be taken seriously. In rare cases, though, someone may make a false accusation out of animosity toward the defendant when no incident happened at all. If no other evidence supports the allegation, and the defendant can show a plausible motive for the accuser to lie, they may be able to defeat the charge or prevent it from being filed at all.
Penalties for Rape
Potential periods of imprisonment for rape or a parallel offense vary by state but are almost always prolonged. Here is a selection of examples:
- Arizona (sexual assault): 5.25-14 years (7 years presumptive)
- California: 3, 6, or 8 years
- Florida (sexual battery): generally up to 15 years
- Illinois (criminal sexual assault): 4-15 years
- Massachusetts: up to 20 years
- Pennsylvania: up to 20 years
- Texas (sexual assault): 2-20 years
- Virginia: 5 years to life
Penalties may increase if certain aggravating factors are present, such as prior convictions, forcing a very young or particularly vulnerable person into sex, or causing serious bodily injury to the affected person. In addition to any prison term, a defendant likely will need to register as a sex offender upon their release. This can undermine both personal and professional aspects of their life.
