what is rape 3?????

Question

does anyone know what rape 3 is. my step kids mother was charged with it and i want to know what it is. is it as bad as other (rapes) on what kind of rating is it to make it a 3!!!

it is in the state of oregon. she has done 60 days in jail. she has done more time in jail on pv than for the charge. will she have to register as a sex offender?? because i cant find her in any registry

Answer 1

According to the State of Oregon Revised Statutes:

"163.375 Rape in the first degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:
(a) The victim is subjected to forcible compulsion by the person;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or
(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
(2) Rape in the first degree is a Class A felony. [1971 c.743 §111; 1989 c.359 §2; 1991 c.628 §3]

163.365 Rape in the second degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.
(2) Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]

163.355 Rape in the third degree. (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.
(2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]"


In other words, in Oregon, Rape 3rd is consensual sexual intercourse with a child between the ages of 14-16, when the other person is at least 3 years older than the child. That 3 year limit is mentioned in another section of the Statutes near these titles. So, yes, it is slightly less serious than other rapes, since there was no force involved and the child is not as young. However, it is a felony, so it's still serious.

You said that she went to jail for a while, but only say she was "charged" with the crime. The time she spent in jail was likely until she was released on bond or released by a judge pending trial. If she is convicted, then she will probably recieve a much longer sentence that would be served in a state prison. And until she has been convicted, you will not find her on any registry of sex offenders. Only if she is convicted will she have to register, not before then and not ever if she is found not guilty.

Answer 2

a) A person is guilty of rape in the third degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not reached his or her sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached his or her fourteenth birthday and the person has reached his or her nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or

(2) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim's consent and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or

b. The victim has not reached his or her sixteenth birthday and during the commission of the crime, or during the immediate flight from the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim.

(b) Subsection (a)(2) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment, or to a law enforcement officer who is engaged in the lawful performance of his or her duties.

(c) Notwithstanding any law to the contrary, in any case in which a violation of subsection (a) of this section has resulted in the birth of a child who is in the custody and care of the victim or the victim's legal guardian(s), the court shall order that the defendant, as a condition of any probation imposed pursuant to a conviction under this section, timely pay any child support ordered by the Family Court for such child.

(d) Nothing in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title, or in the Delaware Code.


Rape in the third degree is a class B felony.

Answer 3

No it isn't as bad as other rapes. As far as I am aware, in jurisdictions that have a "rape 3" it is equivalent to statutory rape and has a maximum sentence of LESS than 8 years. If you tell me what state you are in I can tell you for certain what it means.

Answer 4

It probably depends of what state she was charged in as to the exact meaning but, as other have said, it basically means she had sexual activity with somebody below the legal age of consent.

3rd Degree Sexual Assault -- sexual activity between one party who is 18 years of age or older and one who is under 16 years of age.

Answer 5

im not sure but it probably means if shes convicted a lot of jail time. how does a lady rape someone

Answer 6

sex with someone 14-18 yrs old by someone at least 4 years older