Being charged with rape can have far reaching implications—especially if the charge results in a conviction. Individuals who have been accused of rape should always seek the legal counsel of an experienced attorney as soon as possible to ensure their legal rights are fully protected.
Contact us today to arrange a no-cost, no-obligation consultation with a skilled criminal defense attorney near you.
What the Law Considers Rape
Laws governing sex crimes vary according to state, but generally rape is characterized by:
- The use of physical force to overpower and control the victim
- The use of fear or threats to engage in sexual intercourse against the will of one's spouse (known as spousal rape)
- The use of a threat—implied or direct—of retribution or hardship to coerce the victim
- Inability of the victim to resist the assailant due to alcohol or drug intoxication, or because the victim is unconscious
- Inability of the victim to give legal consent due to age, mental disorder, developmental disability
Types of Rape
- Date Rape (or “Acquaintance Rape”) is defined as forcible sexual intercourse by a male of a female acquaintance, usually during a date. Date rape is always a very sensitive legal area, particularly because the accuser may claim rape when the sex was consensual. Cases involving date rape can be very complex and call for an experienced attorney in this line of defense.
- Statutory Rape is defined as sexual intercourse with a female below the legal age of consent (usually 18) but above the age of a child (up to 13 years old). Even if the female consented to having a sexual relationship, the act is still considered statutory rape by law.
The Penalties for Rape
The penalties associated with a rape conviction are severe, often including prison time and mandatory sex offender registration—and this in addition to the social stigma linked to sex crimes like rape.
If you or someone you know has been accused of any form of rape, contact a professional criminal defense attorney today to discuss your case and legal options.
Related Rape News
June 27, 2008 - Supreme Court Rules Against Execution for Child Rape
Oct 5, 2007 - Consent Debate Could Impact Rape Law in Maryland
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