The word “rape” conjures images of sexual interaction without consent, and is, therefore, referred to as a sex offense. Indeed, rape is one of the most serious offenses that can be committed. By definition, rape is any unlawful sexual activity. Such a broad definition, comprises several degrees of rape, based on the severity of the offense. First-degree rape is considered the most serious; the seriousness of the offense decreases at higher degrees.
To better understand rape charges, it is important to understand what is meant by each degree and to take a cursory look at the penalties associated with each. Understanding this information is critically important to rape victims as well as to those accused of rape.
Rape in the First Degree
To be found guilty of rape in the first degree, the state indicates that an individual has:
(1) engaged in vaginal intercourse with another person by force, or by the threat of force, without the consent of the other person, and meet one of the following additional conditions to complete the intercourse:
(2) employed or displayed a dangerous weapon, or a physical object that the victim reasonably believed to be a dangerous weapon,
(3) suffocated, strangled, disfigured, or inflicted serious physical injury on the victim, or another person, while committing the crime,
(4) threatened, or make the victim fear, that either the victim, or an individual known to the victim, will be imminently subjected to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping.
First Degree Rape Penalties
If a person is found guilty of rape in the first degree, the maximum penalty faced could be life in prison. However, different penalties may exist, depending on the age of the victim.
Rape in the Second Degree
To be found guilty of rape in the second degree, the state should indicate that an individual did:
(1) engage in vaginal intercourse under the threat of force, and under one of the following conditions:
(2) the victim is mentally defective, mentally incapacitated, or is a physically helpless individual, and the person performing the act knows, or should reasonably know that the victim is a mentally defective, a mentally incapacitated, or a physically helpless individual; or
(3) if the victim is under 14 years of age, and the person performing the act is at least 4 years older than the victim.
Second Degree Rape Penalties
If a person is found guilty of second-degree rape, the maximum penalty is 20 years in prison. However, there are different penalties, depending on the age of the victim.
Rape in the Third Degree
To be found guilty of third-degree rape, the state should indicate that an individual did:
(1) engage in sexual contact with another without the consent of the other.
Additionally, the person must have used one of the following methods to complete the intercourse:
(2) employed or displayed a dangerous weapon or a physical object that the victim reasonably believed to be a dangerous weapon,
(3) suffocated, strangled, disfigured, or inflicted serious physical injury on the victim or another while committing the crime; or
(4) threatened or made the victim to fear, that the victim, or an individual known to the victim, will be imminently subjected to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping.
3rd Degree Penalties
If found guilty of third-degree rape, the maximum penalty the person could face would be 10 years in prison. However, different penalties exist, depending on the age of the victim.
Allegations of rape or other sexual misconduct are extremely serious If you face a charge of rape, it is critical to contact an experienced lawyer to discuss the charges, as they can impact your life dramatically. Contact the experienced lawyers of KGO, if you face a charge of rape as soon as possible, as such charges will not simply disappear.