When the attacker only touches intimately the victim but does not perform sexual intercourse. Like he strips her naked and touches her all over the place but does not have sex with her. And is it less punishable than rape with sex?
I am trying to be as least graphic as I could
2007-10-23 10:38:27 · 6 answers · asked by y 2 in Politics & Government ➔ Law & Ethics
In most states, rape is defined as "un-consented-to penetration witht the use of force." Generally, most states consider the force used in penetration to be sufficient force.
So if your sex offender penetrated the victim (with fingers, a pencil, anything else), that would be rape. Otherwise, the rest of the sex offender's actions would be sexual assault. And from your description, it would be viewed as VERY severe sexual assault.
If this actually happened, and you are or know the perpetrator, I would suggest hiring a defense lawyer. You'll need one.
If you are the victim or know the victim, I would suggest that you speak to someone you trust about what happened. If you can find the courage to do so, go to the authorities. You will find that almost all police departments take things like this VERY seriously.
2007-10-23 11:42:09 · answer #1 · answered by Jimmy 4 · 1⤊ 0⤋
It's classified as the intent of performing the act of sexual intercourse no matter how far or much is done without performing intercourse. She was strip of her clothing and violated, no matter what you want to say didn't take place. Punishment should be no less than if it was a rape with involved sexual intercourse. If you can get her to defend you by saying she was in full agreement with the act, someone might look at it differently, but don't get your hopes to high.
2007-10-23 18:08:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
rape is rape, the only difference may be in the sentencing. The judge may look at the severity of the attack to help him determine the sentence, this would only be fair as the sentence would likely be stiffer if the rapist was particularly brutal in some way. On the other hand, the judge, the prosecuting attorney and the jury may take into consideration that it is more the fact that the rapist did in fact act on his or her inclination to rape and make the sentence the maximum assuming that the rapist that acts on such an impulse to even the slightest, least violent degree has still followed through on the plan to rape and if not sentenced appropriately will only be more brutal the next time.
2007-10-23 17:49:22 · answer #3 · answered by avatar2068 3 · 0⤊ 0⤋
Some states would classify this as Sexual Battery. It carries the same sentence as rape.
2007-10-23 17:44:24 · answer #4 · answered by davidmi711 7 · 0⤊ 0⤋
Any intimate contact against one's will is considered rape.
Forced fondling and forced penetration(with anything) included.
2007-10-23 17:41:32 · answer #5 · answered by Hellion 3 · 0⤊ 0⤋
sounds like most womens fantasies...lol...
i have no idea for your answer though
2007-10-23 17:44:13 · answer #6 · answered by Anonymous · 0⤊ 5⤋