Degrees Of Rape?

Question

What is the differences between 1st, 2nd, & 3rd degree rape & sexual abuse/sodomy?

What I'm getting as it what defines 1st degree rape and so on

Answer 1

1st Degree Rape: Forcible compulsion where the perpetrator or an accessory uses or threatens to use a deadly weapon, or kidnaps the victim, or inflicts serious physical injury, or feloniously enters into the building or vehicle where the victim is situated. Felony.

2nd Degree Rape: When first degree circumstances are not met. Forcible compulsion, or when the victim is incapable of consent by reasons of being physically helpless or mentally incapacitated. Felony.

3rd Degree Rape: The victim did not consent to sexual intercourse with the perpetrator; and such lack of consent was clearly expressed by the victim's words or conduct, or where there is a threat of substantial harm to property rights of the victim. Felony.

Sodomy is a term of religious origin used to characterize certain sexual acts. The term is most commonly used to describe the specific act of anal sex between two males, or between a male and a female. The term "sodomy" also may include non-coital sexual acts ranging from oral sex to paraphilia. It is sometimes used to describe human-animal sexual intercourse (a.k.a. bestiality or zoophilia), and in the German language, this is the primary use of the term.

Answer 2

It depends on the state. Each state's laws are different.

For example, Oklahoma defines rape in the first degree as rape of a teenager, or someone who is mentally ill. Or any rape committed with force or violence. Second degree rape is any other non-consenting sexual intercourse.

California does not have degrees of rape. But it has different related crimes like aggravated sexual assault, sexual assault, carnal abuse, unlawful sexual intercourse, etc.

The basic concept is that each 'degree' or each different named crime has different specific elements, based on a common set of elements. So, under common law, rape was "sexual intercourse with another person without their consent". Three elements to prove: sex, another person, lack of consent. If you add an additional element, such as "through violence or force", or "by means of deceit or fraud" or "upon a minor", each of those is a different crime, and could have more or less punishment.

You have other examples above. But the actual laws vary by state.

Answer 3

the different degrees depend on how the situation occured if they use excessively force or it started consintual and turned to rape and then sexual abuse is when someone touches or uses other things sexually to someones else, like fingering or making them masturbate you, or even giving oral sex or making someone give oral sex to you, and then sodomy is strictly anal sex, when someone uses something or themselves entering you anally so the degrees depend on how they went about and then rape, sexualy abuse and sodomizing.

Answer 4

First degree rape
a. sexual intercourse
b. by forcible compulsion
c. use or threat of deadly weapon, kidnap, serious injury

4. Second degree rape
a. sexual intercourse
b. by forcible compulsion
c. victim incapable of consent because physically helpless or
mentally incapacitated

5. Third degree rape
a. sexual intercourse
b. victim and perpetrator are not married
c. victim did not consent
d. victim’s lack of consent clearly expressed by words or conduct

Answer 5

Usually those types of distinctions are determined by local precedent, prior cases, etc. I don't think there are black and white definitions. Just like, what determines "possession with intend to distribute (drugs)"?

Answer 6

Only legally, but not morally. Rape in any form is vile and degrading.

Answer 7

no idea, but it probably has something to do with the brutality of it, like if one or both of the lower holes were raped, if the rapist beat the victum, the held them hostage and repeadedly raped them, u know things of that sort.

Answer 8

It has to do with the violence of the act....abuse could be anything
that does not involve penetration, sodomy refers to oral or anal penetration

Answer 9

varies state to state.

Answer 10

getting a good lawyer