Rape Law & Legal Definition
In the United States, rape is the most serious form of sexual assault punishable by law, but the definition of what constitutes rape varies from state to state. In all states, if a man forcibly subjects a woman who is not his wife to sexual intercourse without her consent, he has committed the crime of rape.
Recently, an increasing number of states have passed rape reform laws to define rape to include certain nonconsensual incidents of intercourse without requiring the use of force as well as the rape of one’s spouse. Any sexual intercourse with a child is rape and in most states sexual relations even with consent involving a girl 14 to 18 is "statutory rape," because of the lack of the child's capacity to consent. Rape may also be found when a person has sex with a victim who is deemed legally incapable of consenting if he or she is know to be mentally incompetent, intoxicated, or drugged.
Rape shield laws have been passed in almost all states to protect victims from the emotional trauma of being questioned about their sexual history on the witness stand. The fear of being humiliated has discouraged victims from reporting and pursuing charges. On the federal level, the United States Congress enacted Rule 412 of the Federal Rules of Evidence. This Rule declares that evidence offered to prove the victim engaged in other sexual behavior, or evidence offered to prove any victim's sexual predisposition, is generally inadmissable in any civil or criminal proceeding involving alleged sexual misconduct.
Some states require the complaint of rape must be made within a certain time period. State laws vary on application of the "fresh complaint" doctrine. A fresh complaint is one made voluntarily and reasonably promptly after the sexual abuse. Discovery of rape trauma syndrome has undermined the fresh complaint rule, which was based on the assumption that delayed complaints of rape were less reliable.
The following is an example of a State Statute (Kentucky) defining 1st , 2nd and 3rd degree Rape:
KRS § 510.040. Rape in the first degree.
(1.)A person is guilty of rape in the first degree if:
(a) He engages in sexual intercourse with another person by forcible compulsion or
(b) He engages in sexual intercourse with another person who is incapable of consent because he
1. Is physically helpless; or
2. Is less than twelve (12) years old.
(2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.
KRS § 510.050 . Rape in the second degree.
(1) A person is guilty of rape in the second degree when:
(a) Being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old; or
(b) He engages in intercourse with another person who is mentally incapacitated.
(2) Rape in the second degree is a Class C felony.
KRS § 510.060 . Rape in the third degree.
(1) A person is guilty of rape in the third degree when:
(a) He engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded;
(b) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old;
(c) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020; or
(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in sexual intercourse with a minor under sixteen (16) years old with whom he or she comes into contact as a result of that position.
(2) Rape in the third degree is a Class D felony.
The LEGAL definition of rape, which is clearly defined above in red, trumps the DICTIONARY definition of rape!! I'm not advocating for castration of men. I only said that it would help stop rapes. I know a desire for sex is a human instinct (DUH) but still people should try and kill that desire and be more responsible when their in an unsure situation. Alcohol affects everyone differently so one person could have only ONE drink and get sloshed, while it may take TEN drinks for another person to be totally drunk. You're right, Esanta, consensual sex is NOT illegal, UNLESS its compulsed onto that person. Like if the guy says "oh cmon it will be fun, you know you want to." That is compulsion and the woman may feel she HAS to say yes to the unwanted sex.
Sometimes I say to my partner, 'oh c'mon', usually followed by some humour and a kiss. Sometimes she's stressed and she needs encouragement and relaxation. It's called enticement, and she likes to be goaded. It's all very subjective in this respect, but the premise remains; if a woman is able to walk, able to talk and she consciously agrees to sexual intercourse without
forcible compulsion (which is a predatory physical intimidation or assault), it is not rape. There's a line with alcohol where a person becomes incapacitated, blacked out, asleep, or so rubbered they can't reject, and obviously having sex with someone like that is deeply immoral, but the key words are
physically helpless, mentally incapacitated (which means deprived of the ability to consent) and
forcible compulsion, which is much more sinister than playful verbal suggestion.
People are human, and people do goad one another, tease one another and put a certain degree of pressure on one another. If no pressure was applied (by pressure I simply mean the suggestion, request or initiation of sexual talk or physical contact) sex would be impossible.
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