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Most states have two parallel sets of sexual assault statutes. One set punishes sexual assaults involving sexual penetration that has greater penalties. The other set punishes sexual assaults involving sexual contact without sexual penetration that has smaller penalties but otherwise the same elements of the offense.
Usually, almost every offense which is a ...
11
No.
In many states there is not such thing as rape. Which means that you can't be charged with rape. Which means that no matter what you do, including dry humping, it's not rape. In other words, you may be convicted of Criminal Sexual Assault in the first degree and honestly say that you have never been convicted of rape.
But if there is a rape offense on ...
11
This article1 directly addresses the question, "If a juvenile rapes an adult, does the adult thereby commit statutory rape?"
It concludes:
When an adult is raped by a
juvenile, the offense of statutory rape imposes criminal liability on the adult for the same intercourse by which the adult is a victim of rape. In this way, the offense of statutory rape ...
10
The definition of what kind of interaction constitutes rape is normally defined by statute or by case law, which can vary somewhat from jurisdiction to jurisdiction.
Typically, "penetration" for sexual gratification secured by force would constitute rape, regardless of the gender of the perpetrator.
Typically, "penetration" does not cease to be rape ...
10
If she was under 16, it's rape. A child under that age cannot consent to intercourse.
If she's older, it may still be sex abuse, which includes subjecting a person to sexual contact without express or implied consent. It may also still be rape, but I'm less clear on how Kentucky courts define implied consent.
10
I was initially going to vote to close this as a political rather than a legal question, however, I think there is scope for separating out the two dimensions.
Our society makes a distinction between children and adults by giving them different legal rights, obligations and protections. If you think about it, there are a lot of things beyond sexual activity ...
8
S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
Being twenty-one years old or more, he or she engages in sexual
intercourse with another ...
8
It could definitely be considered sexual assault
Specific laws vary by state, but sexual assault generally refers to
any crime in which the offender subjects the victim to sexual touching
that is unwanted and offensive. These crimes can range from sexual
groping or assault/battery, to attempted rape. All states prohibit
sexual assault, but the ...
7
If I were a DA (District Attorney) looking out "stamp out" statutory rape, I would make the rounds of the hospitals, identify women who gave birth, or were impregnated when underaged, and go from there. But few, if any DAs, do this.
No, you wouldn't. First, you have neither the time nor the budget to do this. Second hospitals are not public property, you ...
6
YES! - "I don't understand" isn't consent and, in any case, she is below the age of consent in Kentucky by 3 years. It is really hard to understand the need for this question in 2020.
6
No. As the defendant's lawyer, they will have been privy to privileged communications. As such, it would be unfair to the defendant if they now started prosecuting.
Also note that a victim very rarely has their own lawyer in a criminal case. The prosecution lawyer is acting for "the Crown" (essentially, "society as a whole"). (There are exceptions, if ...
6
Under the assumption stated, the lecherous millionaire is soliciting an act of prostitution, albeit with an unusually high price. His proposal would be just as illegal (or legal) as an offer of $100 for a sexual encounter. In most jurisdictions it would be a crime.
George Bernard Shaw famously asked a woman if she would have sex with him (sleep with him, I ...
6
We set speed limits so we don't have to spend time fighting over whether you were driving too fast.
We put up fences so we don't have to spend time fighting over whose property you are on.
We set ages of consent so we don't have to spend time fighting over whether the child could consent to sex.
5
In California, the conduct you describe is a misdemeanor called "sexual battery." It is not rape. However, if the perpetrator forcibly holds the victim in place while performing, that might amount to felony false imprisonment. If the perpetrator forces the victim to move (e.g. into a room), then that would probably be charged as kidnaping (a felony).
...
5
The simple answer is: if the law says marital rape is not a crime, it is not punishable by the criminal justice system. If there were a loophole, one of the lawyers representing one of the many rape victims who have been seeking justice in India would have found it. There more than likely isn't one.
Some Indian marital rape victims have tried prosecutions ...
5
The question is not properly framed in terms of the law: the relevant question isn't in terms of achieving orgasm or not, it is in terms of consent. Is it rape to continue having sex, when one party withdraws consent? In North Carolina, following State v. Way (rather sparse on details), consent explicitly cannot be withdrawn. In Illinois, on the other hand, ...
4
It seems like callous behavior which leads to a foreseeable death
deserves a bigger punishment than just firing of the administrator.
The starting point of the analysis is that no one is legally responsible, civilly or criminally, for a suicide unless that person intended that the person who committed suicide do so, which is almost certainly not true in ...
4
Generally, irrespective of charge, there is no 'shield laws' in the UK legal system. Any such provisions are a matter of discretion for the judge on the same grounds as the admissibility of evidence.
Though the following case relates to a murder case rather than rape, it does provide justification for the lack of 'shield laws'.
In R v Davis [2008] UKHL ...
4
That's a tricky question. What does "guilty" mean legally? The police will investigate if they think there was a crime. A prosecutor will prosecute if they think there was a crime, and enough evidence for a conviction. You are "guilty" in the eyes of the law if the prosecutor can convince a judge and/or jury that the person has committed a crime.
Having ...
4
The law seems to be different in the US to the UK.
Under UK law, this is covered by the Sexual Offences Act, 2003, and there are 3 main categories of sexual assault
Rape (Section 1)
Penetration of any bodily orifice by the penis without consent
(Maximum Penalty of Life Imprisonment whether against an adult or child)
Sexual Assault by Penetration (Section 2)...
4
To have an effective law, there has to be a line drawn somewhere. Using age gives a measurable and objective line of what is and is not allowed. Using a standard like maturity might be more fair but is not measurable and very subjective and would make enforcement difficult and messy.
4
Firstly, there is no jurisdiction in the US where rape is a potentially capital crime, and murder is not - so you are discussing a hypothetical (and rather implausible) jurisdiction. Given your jurisdiction is hypothetical, you can make the law be what you would like.
Secondly, duress is accepted in almost all jurisdictions as a defence to a charge of ...
4
He was indicted on many charges including 1st degree rape. So your question is why the jury returned the specific verdict, and did not convict on all charges. There is no record of the jury deliberations, so the best we can conjecture is that they didn't find the other charges to have been proven, and in lieu of a tell-tale juror, we can't know what evidence ...
3
Laws vary by state, of course. In Wisconsin, according to the 1993 case State v. Neumann:
the offense of second-degree sexual assault by sexual intercourse does not require proof of intent
and therefore someone who claimed to be too drunk to know what he was doing was still guilty. Although that was a case involving adults and therefore a different ...
3
When a criminal act takes place, the state in which the act took place has jurisdiction. State of residence of perpetrator or victim is not at all relevant. It also would not matter where the minor was "staying", all that matters is where the act took place. If that was California, California Penal Code 261.5(c) says
Any person who engages in an act of ...
3
It would seem that any institution which accepts large payments under the guise of following a certain policy and then does not follow the said policy is, at the very least, committing fraud.
Nope. If I accept a lot of money from you to deliver you a product and then do not deliver the product, that's normally just civil breach of contract. Fraud involves ...
3
In Texas, sex offenses are defined in Texas Penal Code § 21.01, et seq., and rape and kindred offenses are defined as sexual assault § 22.011 and aggravated sexual assault § 22.021.
None of those laws prohibit the conduct described (assuming adults who are not in a teacher-student relationship with full mental capacity), nor do they prohibit the video as ...
3
Hope you have a good prosecutor and a sympathetic judge
"They asked repeatedly how much she had to drink ..."
Objection: Asked and answered
"how she could claim not to remember certain details"
Objection: Calls for a conclusion/speculation. The witness is not a brain scientist, she cannot speculate as to why people remember some details and not others. ...
3
tl;dr: Yes.
As a convicted sex offender for being raped by a 14 year old while I was a nearly unconscious 20 year old... law was not on my side. I was literally sent 2nd degree sexual assault charges thru the mail nearly 6 months after the incident occurred. I was never questioned by police. Once. Just sent me a piece of paper like it was a parking ticket. ...
3
For there to be criminal prosecution (the end point of a criminal investigation), there has to be a violation of a criminal statute. Title IX does not contain any such provisions. It is incorrect that an "institution which accepts large payments under the guise of following a certain policy and then does not follow the said policy" commits fraud. The Texas ...
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