Find Legal Topics > Criminal Laws > Facts You Must Know About Rape

Facts You Must Know About Rape

Facts You Must Know About Rape What is Rape?

Rape is classified as a crime involving the act of non-consensual intercourse – or penetration – between two individuals; the victim is typically the individual who has been raped, while the perpetrator is typically the individual who has committed the act of rape. Rape can take place in a variety of forms and circumstances, yet the defining characteristic of a rape is the forced nature of the crime, which can take place through force, threat, or manipulation.

Rape Offense Profile

Legal Jurisdiction: Criminal Law, Child Law, Family Law

Type of Crime: Felony

Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province

Range of Punishment(s): Typicallyprobation or incarceration – varies upon case details 

Duration of Punishment(s): Varies upon case details

Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved; in many cases, the age(s) of the victim(s), the nature of the rape, the circumstances surrounding the rape, the intent latent in the rape, and the presence of drugs, restraints, or violent means are all contributory to the sentencing.

Rape Allegations: Terminology and Associated Offenses 

The following are commonly associated with charges of Rape: 

Statutory Rape:  The engagement in sexual activity with an individual not legally permitted to consent to sexual activity

Gang Rape:  Forced, aggravated, and cooperative rape committed by more than one individual

Prison Rape: Forced – and oftentimes violent – sexual intercourse committed within the confines of a prison or penitentiary

Date Rape: Forced – non-consensual – intercourse taking place between individuals who know each other

Domestic Rape: Also known as ‘spousal rape’, this is the forced and non-consensual act of sexual intercourse committed by a spouse – or partner – unto their respective spouse or partner

The Rape Arrest Process

In the event that the prospect exists in which an individual is at risk for – or has been arrested as a result of - a Rape charge, it is of the utmost importance that they are aware and mindful of the basic legality associated with the criminal justice system. Individuals who have been served documentation in the form of an arrest warrant displaying a Rape, or have been arrested by law enforcement are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges; individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting – or fleeing from – a Rape arrest can result in harm, injury, and additional penalties. 

What is a Rape Kit?

A Rape Kit is a diagnostic resource that is used in order to investigate the details of a rape case, in addition to instituting urgent medical attention and preventative measures in order to reduce the risk of disease on behalf of the victim; the following can be found in a rape kit:

DNA preservation for the substantiation of evidence

A statement recounting the event

Preservation of the clothing worn by the victim

Sterilizing flush – or douche – in order to sanitize and clean the genitals of the victim

HIV/AIDS test – as well as a variety of testing for potential sexually transmitted diseases transmitted 

The Preparation of a Rape Defense

In the event that an individual has been arrested on a Rape charge, they are encouraged to observe the behavioral protocol of the arrest process. Individuals are encouraged to consult with attorneys specializing in criminal law – and if possible – those who focus on the litigation of rape. In the construction of a defense, the individual may be asked to provide the following:

The nature of the circumstances and events surrounding the rape in question

The biographical information with regard to any and all victims

Any previous arrests and/or convictions

Evidence and witness testimony

A detailed account of the details surrounding the event in question

The inclusion of the name(s) of individuals involved

The arrangement for bail or bond

Assistance for Rape Victims

In the event that you fear that you have been raped – or know someone who has – there are a multitude of resources that exist to provide help for rape victims; please contact the Rape Crisis Center at their 24-hour hotline: (210) 349-7273

Related Topics