What are the punishments for this crime? |
- Rape in the first degree is a felony punishable by 5 years to life in prison without parole, or death.
- Any person convicted of rape in the first degree after having been convicted of either rape in the first degree, forcible sodomy, lewd molestation or sexual abuse of a child shall be sentenced to life without parole.
- If the victim is a child under 14 years old and the person has a prior conviction for forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under 14, death or life in prison.
- Any person sentenced to two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision.
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Anything else I should know? |
The following definitions are relevant to this crime:
- “Rape:” Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female who is not the spouse of the perpetrator and who may be of the same or the opposite sex as the perpetrator under any of the following circumstances:
- Where the victim is under sixteen (16) years of age;
- No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act.
- Where the victim is incapable through mental illness or any other unsoundness of mind, whether temporary or permanent, of giving legal consent;
- Where force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person;
- Where the victim is intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused as a means of forcing the victim to submit;
- Where the victim is at the time unconscious of the nature of the act and this fact is known to the accused;
- Where the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in collusion with the spouse with intent to induce that belief. In all cases of collusion between the accused and the spouse to accomplish such act, both the spouse and the accused, upon conviction, shall be deemed guilty of rape;
- Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim, or the subcontractor or employee of a subcontractor of the contractor of the state or federal government, a county, a municipality or a political subdivision that exercises authority over the victim;
- Where the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system;
- Where the victim is nineteen (19) years of age or younger and is in the legal custody of a state agency, federal agency or tribal court and engages in sexual intercourse with a foster parent or foster parent applicant; or
- Where the victim is at least sixteen (16) years of age but less than eighteen (18) years of age by a person responsible for the child’s health, safety or welfare.
- “Person responsible for a child’s health, safety or welfare” shall include, but not be limited to: (a) a parent, (b) a legal guardian, (c) custodian, (d) a foster parent, (e) a person eighteen (18) years of age or older with whom the child’s parent cohabitates, (f) any other adult residing in the home of the child, (g) an agent or employee of a public or private residential home, institution, facility or day treatment program, or (h) an owner, operator or employee of a child care facility.
- Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.
- Any sexual penetration, however slight, is sufficient to complete the crime of rape.
- “Rape by Instrumentation” is an act within or without the bonds of matrimony in which any inanimate object or any part of the human body, not amounting to sexual intercourse is used in the carnal knowledge of another person without his or her consent and penetration of the anus or vagina occurs to that person, and when at least one of the circumstances listed under “Rape” occurs.
- Consent is not an element of “rape by instrumentation” where (i) the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in conduct prohibited by this section of law with a person who is eighteen (18) years of age or older and is an employee of the same school system, or (ii) where the victim is under the legal custody or supervision of a state or federal agency, county, municipal or a political subdivision and engages in conduct prohibited by this section of law with a federal, state, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim.
- Consent is not an element of “rape by instrumentation” where the victim is nineteen (19) years of age or younger and in the legal custody of a state agency, federal agency or tribal court and engages in conduct prohibited by this section of law with a foster parent or foster parent applicant.
- “Force” shall mean any force, no matter how slight, necessary to accomplish the act without the consent of the victim. The force necessary to constitute an element need not be actual physical force since fear, fright or coercion may take the place of actual physical force.
- “Consent” means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Consent cannot be: (1) given by an individual who: (a) is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason; or (b) is under duress, threat, coercion or force; or (2) inferred under circumstances in which consent is not clear including, but not limited to: (a) the absence of an individual saying “no” or “stop”; or (b) the existence of a prior or current relationship or sexual activity.
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