Common definitions for rape are:
1) n. the crime of sexual intercourse (with actual penetration of a woman's vagina with the man's penis) without consent and accomplished through force, threat of violence or intimidation (such as a threat to harm a woman's child, husband or boyfriend). What constitutes lack of consent usually includes saying "no" or being too drunk or drug-influenced for the woman to be able to either resist or consent.
"Date Rape" involves rape by an acquaintance who refuses to stop when told to. Defense attorneys often argue that there had to be physical resistance, but the modern view is that fear of harm and the relative strengths of the man and the woman are obvious deterrents to a woman fighting back.
Any sexual intercourse with a child is rape and in most states sexual relations even with consent involving a girl 14 to 18 (with some variation on ages in a few states) is "statutory rape," on the basis that the female is unable to give consent.
2) v. to have sexual intercourse with a female without her consent through force, violence, threat or intimidation, or with a girl under age. Technically, a woman can be charged with rape by assisting a man in the rape of another woman.
Dissatisfied with the typical prosecution of rape cases, women have been suing for civil damages for the physical and emotional damage caused by the rape, although often the perpetrator has no funds.
Protection services for rape victims have been developed by both public and private agencies. On the other side of the coin, there is the concern of law enforcement and prosecutors that women whose advances have been rejected by a man, or who have been caught in the act of consensual sexual intercourse may falsely cry "rape."
The Utah Criminal Code, 76-5-402, defines Rape this way:
Rape is considered a Sex Crime.
Other types of Sex Crimes include:
Consequences for the conviction of Rape may potentially include:
Likelihood of any of the above consequences depends upon the following factors:
Defenses of Rape may potentially include:
With Offices in Cedar City and St. George, Utah, the criminal defense attorneys of Douglas D. Terry & Associates investigate and defend against rape charges throughout southern Utah. Call (435) 628-4411 or contact us online today for a free consultation.
© 2019 Douglas D. Terry & Associates, Attorneys PLLC