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What is the definition of rape?

Fort Wayne, IN |

What does it mean when somebody says she has been raped?

Does it mean that the penis must have been used?

Attorney Answers 3


  1. It means that some one had nonconsensual sexual intercourse with her. That could occur as a result of threats or violence , she was drugged, she was not abole to give legal consent for some reason. The IN penal code probably has a definition.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  2. Rape is a serious crime in all 50 states. It is sexual intercourse between a male and female. Can be by force or a crime because she was under the legal age to consent by state statute. The statutes in KY are shown below:
    =============================================================================
    § 510.020. Lack of consent.
    Kentucky Revised Statutes

    Title 50. KENTUCKY PENAL CODE

    Chapter 510. SEXUAL OFFENSES

    Current through Chapter 162, with the exception of Chapter 1, of the 2012 Legislative Session
    § 510.020. Lack of consent
    (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.

    (2) Lack of consent results from:

    (a) Forcible compulsion;

    (b) Incapacity to consent; or

    (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

    (3) A person is deemed incapable of consent when he or she is:

    (a) Less than sixteen (16) years old;

    (b) An individual with an intellectual disability or an individual that suffers from a mental illness;

    (c) Mentally incapacitated;

    (d) Physically helpless; or

    (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.

    (4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.

    History. Amended by 2012 Ky. Acts ch. 146, §124, eff. 7/11/2012.

    Effective: July 12, 2006
    Amended 2006, Ky. Acts ch. 182, sec. 30, effective July 12, 2006. -- Amended 1988 Ky. Acts ch. 283, sec. 10, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 82, effective January 1, 1975.
    ============================================================================
    § 510.040. Rape in the first degree.
    Kentucky Revised Statutes

    Title 50. KENTUCKY PENAL CODE

    Chapter 510. SEXUAL OFFENSES

    Current through Chapter 162, with the exception of Chapter 1, of the 2012 Legislative Session

    § 510.040. Rape in the first degree

    (1) A person is guilty of rape in the first degree when:

    (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.

    History. Effective: January 1, 1975
    Created 1974 Ky. Acts ch. 406, sec. 84, effective January 1, 1975.
    ==========================================================================

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  3. This is a serious Felony and the accused needs experienced representation. Loosely, it refers to any penetration. Specifically, the Indiana Code provides:

    IC 35-42-4-1
    Rape
    Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when:
    (1) the other person is compelled by force or imminent threat of force;
    (2) the other person is unaware that the sexual intercourse is occurring; or
    (3) the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given;
    commits rape, a Class B felony.
    (b) An offense described in subsection (a) is a Class A felony if:
    (1) it is committed by using or threatening the use of deadly force;
    (2) it is committed while armed with a deadly weapon;
    (3) it results in serious bodily injury to a person other than a defendant; or
    (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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