Legal Definitions of Rape and Sexual Assault
Sexual Assault: the sexual exploitation, forcible penetration, or an act of sexual contact on the body of another person, male or female, without his or her consent. Rape is an act of power and control, in which the victim is humiliated, degraded, and left with feelings of shame, guilt, and anger. If you are forced against your will to have sex with someone, that is rape. NC General Statute 14-27 defines rape and sexual assault as the following:
First Degree Rape – a person is guilty of rape in the first degree if the person engages in vaginal intercourse:
- With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least 4 years older than the victim;
- With another person by force and against the will of the other person and; employs a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or inflicts serious personal injury upon the victim or another, by one or more other persons.
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Statutory Rape Definitions
- Statutory Rape — Criminal Offenses
- Sexual Intercourse with Minors
- Definition of Offenses
- Child Abuse Reporting Requirements
- Inclusion of Statutory Rape in Reporting Requirements
- Mandatory Reporters
- Who to Report to
- State Response
NOTE: Each state has it’s own definitions of child sexual abuse and rape. Here is just one example of the laws as defined in New York :
Article 130 – NY Penal Law
130.00 Sex offenses; definitions of terms.
130.05 Sex offenses; lack of consent.
130.10 Sex offenses; limitation; defenses.
130.16 Sex offenses; corroboration.
130.20 Sexual misconduct. A MISD
130.25 Rape in the third degree. E FELONY
130.30 Rape in the second degree. D FELONY
130.35 Rape in the first degree. B FELONY
130.40 Criminal Sexual Act in the third degree. E FELONY
130.45 Criminal Sexual Act in the second degree. D FELONY
130.50 Criminal Sexual Act in the first degree. B FELONY
130.52 Forcible touching. A MISD
130.53 Persistent sexual abuse. E FELONY
130.55 Sexual abuse in the third degree. B MISD
130.60 Sexual abuse in the second degree. A MISD
130.65 Sexual abuse in the first degree. D FELONY
130.65-a Aggravated sexual abuse in the fourth degree. E FELONY
130.66 Aggravated sexual abuse in the third degree. D FELONY
130.67 Aggravated sexual abuse in the second degree. C FELONY
130.70 Aggravated sexual abuse in the first degree. B FELONY
130.75 Course of sexual conduct against a child in the first degree. B FELONY
130.80 Course of sexual conduct against a child in the second degree. D FELONY
130.85 Female genital mutilation. E FELONY
130.90 Facilitating a sex offense with a controlled substance. D FELONY
130.91 Sexually motivated felony.
130.95 Predatory sexual assault. A-II FELONY
130.96 Predatory sexual assault against a child. A-II FELONY