Areas of Practice

 

Rape and Rape by Instrumentation

Rape is a form of sexual battery which the FBI defines as “the penetration, not matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” An incapacity for consent—such as those asleep, intoxicated, mentally unable, or below the age of consent—also counts as a lack of consent.

Rape by instrumentation is defined as any object other than the perpetrator’s sexual organ(s) are used as the means of rape.

There are many types of rape, which vary depending on the situation of the incident and the individuals concerned. Common types include date rape, the victim’s assailant is an acquaintance, commonly during or at the beginning of a relationship; gang rape, the victim has multiple assailants; spousal rape, the victim’s assailant is their spouse; statutory rape, the victim is a minor (this is rape whether the victim gave consent or not); and rape by deception, when consent is given under false pretenses.

Penalties for rape include

All penalties may or may not include a fine, which has no upper limit. See: Statutory Rape for penalties regarding rape involving a minor.

  • Rape using violence or the threat of violence include up to life imprisonment
  • Rape by causing fear in the victim (either for themselves or another) include up to life imprisonment
  • Rendering the victim unable to give consent includes up to 15 years in prison.