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Home >  Criminal >  Criminal Law

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Rape is defined as sexual penetration of a victim by the defendant. If the defendant commits rape while armed, causes bodily injury, or is aided by another person, the more serious offense of aggravated rape is charged. If intercourse occurs when a participant is unable to give consent due to drug or alcohol intoxication, or due to mental incapacity, the act is rape. The rape of a child under the age of thirteen usually carries the same penalties as aggravated rape. Statutory rape is sex between a defendant at least four years older than the victim and a victim between thirteen and eighteen years of age.

Typically, there are only two defenses to rape. They are either the defense that the subject consented to the act and as such, there was no force. And there is the defense that the victim has misidentified the accused. With the advent of DNA technology, the defense of mistaken identity is a difficult one.

For more information on rape and sexual offenses, consult a criminal defense lawyer.

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