What is Rape?
The modern definition of rape can vary widely in each state. Traditionally it was
considered sexual intercourse between a man and a woman that was done forcibly
against the woman¿s will. However, many states do not put as much emphasis on
the ¿forcible¿ requirement now, so that situations like a man having sex with a
drugged woman, or a man using false pretenses to have sex with a woman, could
be considered rape.
In many states rape laws are gender-neutral, so they apply not only to acts
between a man and a woman, but also between individuals of the same sex.
What is Statutory Rape?
While the statutes defining statutory rape vary from state to state, it is
usually the act of sexual intercourse by an older person with a female who is
considered a minor. It is common for states to define it in a two-level
approach:
- Sexual intercourse with a
very young girl (exact age limit varies from state to state) is punishable
at the level of forcible rape
- Sexual intercourse with an
older girl (especially if the man is older by a certain number of years)
is usually considered a lesser degree felony
What is the Penalty for Committing Rape?
Besides homicide, rape is generally considered the most serious crime. The
penalties for rape vary from state to state, but commonly the maximum penalty
is life in prison or a lengthy sentence of many years.
Do I Need a Lawyer If I Am Charged with Rape?
A criminal defense attorney can be vital to defending rape
charges. A criminal defense lawyer knows your state¿s rape laws and has
experience defending people charged with similar crimes.
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