If a stranger rapes a women how many years do they get in Jail?

Question

Not what they should get but what they end up serving.

I heard of a lot of serial rapist getting out of prison and committing more rapes.

Answer 1

seven years

Answer 2

There are several factors that determine sentence length.

First and foremost is the State where the rape was committed. Some states still have "asking for it" laws on the books which look at the behavior, dress, lifestyle, reputation, etc of the victim. So if the victim was coming back from a day at the beach and was wearing a bikini with a thin cover...she was "asking for it" because she was scantily dressed.

However, for most States the sentence will depend on the following:

1. The perpetrators past criminal history. Is this person a serial rapist or someone who has committed acts of violence or sexual perversion previously?

2. Was this a rape of convenience (the rapist happened upon the victim and raped them) or was it premeditated (the rapist stalked the victim to rape that person in particular)?

3. Was there a weapon or threat of other injury used? If the rapist used a knife or gun in the commission of the rape OR threatened to kill the victim, the sentence is elevated.

4. Was the rape committed in the process of another crime? Was it a home burglary or a car jacking that turned into a rape?

5. Was additional illegal bodily harm committed? Some states have sodomy (anal sex) laws that make it illegal to engage in sodomy. If the rape was committed in such a State, the sentence will be increased because of that component. If the rape involved torture, beating, maiming, etc then the sentence will reflect that.

6. Was the rape committed in front of others? If a rape was committed in public or in front of family members (children spouse, etc) who were bound or otherwise unable to render assistance, the sentence is generally increased.

7. Was there an "increased" level of humiliation? If the victim was defecated or urinated on or if the attack was filmed?

8. Was the victim a child, elderly person, or physically unable to defend themselves OR was the person incapacitated in some way such as drugs or because of mental retardation or medical condition?

Sentence length will depend on all of these factors. So suggesting a standard time is impossible. Unfortunately you also have to factor in the tendencies of the judge. Some judges are much more lenient on rapists than others, especially if the rape occurred as a part of a date or social circumstance where the defense can create a doubt that the sex was not consensual.

Also remember, no matter how much time is given, unless a State has a “truth in sentencing statute, a prisoner with good behavior will generally only do 2/3rds of the sentence before being released.

In addition, if there is no past record, many rapists (especially if they claim a drug or alcohol problem) can get away with probation.

Sorry not to be able to give a definitive answer, but there are simply too many factors.

Answer 3

Depends on whether is it rape, aggravated rape and battery, sexual assault with a deadly weapon or just exactly what the crime is. With most prisons being so overcrowded, the chances of offenders with the shortest rap sheets and most minor crimes are going to be released before the ones that committed the most heinous, higher class felonies are released. Some will be put in prison for life, but those are usually murderers without parole, sentenced for life imprisonment or those that get the death penalty.

Answer 4

This depends entirely on how many years the judge sentences them to, and after that, what the parole board thinks of them after they are in prison.

If the maliciousness of the rape can be proven with good evidence, then you are looking at no less than 6 years of real time. The maximum would probably be 15-20 years.

There are some exceptions, of course. It is always difficult to generalize.