Definition of Rape
A common definition for rape is:
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, but a recent Pennsylvania case ruled that a woman must do more than say "no" on the bizarre theory that "no" does not always mean "don't," but a flirtatious come-on. "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 (in which the defense humiliates the accuser, and prosecutors are unable or unwilling to protect the woman from such tactics), women have been suing for civil damages for the physical and emotional damage caused by the rape, although too 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."
Utah Criminal Code Definition
Utah Criminal Code defines Rape this way:
76-5-402. Rape.
- A person commits rape when the actor has sexual intercourse with another person without the victim's consent.
- This section applies whether or not the actor is married to the victim.
- Rape is a felony of the first degree.
Sex Crimes
Rape is considered a Sex Crime.
Other types of Sex Crimes include:
- Child Abuse
- Child Enticement
- Child Procurement
- Child Exploitation
- Date Rape
- Failure to Register - Sex Offender Registration
- Indecent Exposure
- Internet PornLewd and Lascivious Acts
- Lewd Conduct
- Molestation
- Obscene Acts
- Pandering
- Pedophilia
- Pimping
- Child Pornography
- Prostitution
- Rape
- Sexual Abuse
- Sexual Assault
- Sexual Harassment
- Sodomy
- Statutory Rape
- Violation of Sex Offender Registration
Rape Conviction Consequences
Consequences for the conviction of Rape may potentially include:
- Imprisonment Sex offender registration
- Loss of the right to vote
- Loss of the right to own a deadly weapon
- Probation or parole
- Mandatory AIDS testing
- Court ordered rehabilitation
- Significant fines
- Other
Determining Punishment
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defensive Stategies
Defenses of Rape may potentially include:
- Consent
- Insufficient evidence
- Factual innocence/mistaken identity
- Other
What can You Do to Improve the Outcome of Your Case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can We Do to Help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
