- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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This article covers the crime and consequences of rape for both the accused and the victim. We look at how the federal system legally defines rape and enforces the crime and laws of rape.
The following statistical information demonstrates the prevalence of rape as well as the different types of offenders and victims of the crime.
U.S. Rape Statistics
The Frequency of Rape in America
RAINN.org currently works with over 1,000 rape and sexual assault service providers and is one of the country’s leading resources and repositories of statistical information on rape.
According to RAINN, the frequency of rape nationally is both alarming and increasing:
- Every 68 seconds, an American is sexually assaulted.
- 1 out of every 6 American women (16%) has been the victim of rape during their lifetime.
- 1 out of every ten rape victims is male.
Sex offenders found guilty of rape and sentenced to prison often become the victims of rape inside prison.
Rape While Incarcerated
According to RAINN:
- Nearly 80,600 prison inmates each year experience sexual violence while in prison or jail.
- 60% of all sexual violence against inmates is perpetrated by jail or prison staff.
- Over 50% of the sexual contact between inmates and staff members is illegal and non-consensual.
Federal Jurisdiction
Federal jurisdiction is rarely imposed in sex crime cases but has set the definitional standards for states nationally.
Federal law rarely imposes authority on sex crime cases, mainly because the crimes are usually perpetrated within a single state and governed by that state’s laws.
Federal jurisdiction is usually limited to cases rape and sexual assaults that occur in national parks and buildings.
Federal Law of Rape
The Crime of Rape
The Department of Justice legally describes the criminal elements of rape as:
- The slightest penetration of the vagina or anus with any part of the person or object, or by
- oral penetration by the offender’s sex organ
- without the consent of the victim.
Rape Verses Attempted Rape
Federal law distinguishes between rape and attempted rape by defining attempted rape within the criminal definition of sexual assault.
Attempted rape is defined within the meaning of the crime of sexual assault:
Any sexual contact or behavior without the recipient’s explicit consent is legally defined as sexual assault.
Falling under the legal definition of sexual assault are the following crimes:
- Forced sexual intercourse
- Forced child molestation
- Forced incest fondling,
- Attempted rape
Aggravating circumstances include:
- Being raped while the offender is armed
- Being raped while the offender causes bodily injury
- Being raped while the offender is assisted by another person
Rape By Force Or Without Legal Consent
Rape By Force
Rape by force is defined as:
The physical act of overcoming and restraining the victim by force, or threat of force, such that it places the victim in immediate apprehension of harm or death.
Rape Without Legal Consent or Mental Incapacity
If intercourse occurs without consent because the victim was a minor (statutory rape) or due to drug or alcohol intoxication or another form of mental impairment that prevents them from knowingly consenting to the sexual act, it is considered rape.
Legal Defenses To The Crime of Rape
Two primary legal defenses to rape:
- The subject consented to engage in sex without the use or threat of force.
- The victim misidentified the accused, meaning the defendant did not commit the offense.
With the advent of DNA technology, the defense of “mistaken identity” can become almost impossible to assert successfully.
The Criminal Defense of Consent
The defense of consent is best understood by first knowing what consent is not.
The following examples are of what consent does not include:
- Silence
- Consent in the past
- Having formerly been in a relationship
- Being intoxicated or high on drugs
- Not fighting back
- Flirting or wearing sexy clothing
Psychological Harm Caused By Rape
According to RAINN:
- 94% of women who have been raped had symptoms of post-traumatic stress disorder (PTSD) for weeks following the rape.
- 30% of women experienced symptoms of PTSD 9 months after the rape.
- 33% of women who were raped contemplate suicide.
- 13% of women raped attempted suicide.
The Physical and Emotional Impact of Rape
The Immediate Aftermath of Rape
Rape victims experience extraordinary levels of fear and distress while trying to make crucial choices and take decisive action in the immediate aftermath of a rape. The decision to report the rape and seek help is often time-sensitive.
The victim must make crucial decisions while emotionally reeling from being raped. The victim is often in a state of shock and confusion. Yet, under these conditions, the victim must be ready to reach out for help, understand the available resources and make informed decisions on how to proceed.
Victim Choosing To Preserve the Evidence
The victim must be urged to be medically evaluated immediately for their health and well-being.
Most major hospitals have rape units staffed by medical and mental health professionals and forensic experts that use rape kits to collect and preserve DNA-based evidence.
The National Sexual Assault Hotline
The helpline is available to help you on many issues involving rape and sexual assault, including:
- Assisting you in finding a local health facility
- Helping you find counseling and medical referrals for long-term support
- Helping you find a local sexual assault service provider
The National Sexual Assault Hotline may be able to direct you to local resources and assistance within your community.
Immediate Assistance for Rape and Sexual Assault
Find A local rape and sexual assault center now
Call The National Sexual Hotline at 1-800-656-4673
