What is Considered Rape in Louisiana?

What is Considered Rape in Louisiana?

Louisiana criminalizes the act of having sex with another person, without that person’s consent.

There are different classifications of rape and other statutes that define and criminalize other forms of unwanted sexual contact.  What distinguishes the different forms of rape the age of the victim and whether physical force or threats or weapons were used to coerce the victim.

Louisiana RS 14:41 — Defines Rape as follows:

SUBPART C. RAPE

A. Rape is the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person’s lawful consent.

B. Emission is not necessary, and any sexual penetration, when the rape involves vaginal or anal intercourse, however slight, is sufficient to complete the crime.

C. For purposes of this Subpart, “oral sexual intercourse” means the intentional engaging in any of the following acts with another person:

(1) The touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender.

(2) The touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim.

Simple Rape.

          There are three basis for this charge:

FIRST: The victim is intoxicated and/or otherwise incapable of resisting  or is not capable of understanding the nature of her actions and the defendant knew he or she was taking advantage of a person in such a condition.

SECOND: If the victim is incapable of consenting due to having mental health problems, which have produced an unsound mind.

THIRD: If the defendant tricked the victim into thinking that the two were married.

The sentence  for simple rape is up to 25 years in prison.

Forcible Rape

Force or threats are used against the victim and are such that the victim believes that resisting is pointless or

The defendant purposefully “slipped” the victim  a drug that impaired and/or disabled them mentally or physically.

Sentence for forcible rape is 5 to 40 years in prison with a mandatory minimum of two years in prison which shall be served prior to  probation or other suspension of sentence.

Aggravated Rape

• Aggravated rape in Louisiana occurs under a certain aggravating circumstances which include:
• A victim who is 65 or more or 13 or less.
• The victim resisted to the utmost.
  • Threats to the victim of imminent and serious bodily injury and  the victim reasonably believed that the  threats would be carried out.
• The defendant was armed with a dangerous weapon at the time the rape occurred.
• When the victim is under 13, the defendant may not use as a defense the fact that the victim looked older than her age. In Louisiana the age the victim “seemed”  is not a defense.