It seems like you can't have the crime of rape without the crime of kidnapping but maybe i am wrong?
2007-11-29 12:00:39 · 24 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
If you don't take the victim to a different location to commit the crime or take them to a different location after the crime, you have not kidnapped them and won't be charged with kidnapping.
2007-11-29 12:03:22 · answer #1 · answered by _I_love_warm_bananas_ 4 · 0⤊ 1⤋
The person would be charged with kidnapping only if s/he took the victim away from the place of meeting without his/her consent, to commit the rape. If it was done in the person's home, for example, kidnapping would not be an issue. If it was done in a hotel room where the victim consented to meet the rapist (not expecting to be raped), then no kidnapping charge would stick.
2007-11-29 20:14:11 · answer #2 · answered by Chantal G 6 · 0⤊ 0⤋
Not true.
Kidnapping is where you take someone somewhere else against their will.
There are many alleged rapes that occur where the victim went of their on volition.. in their homes, to a secluded spot with their date, etc.
And if an alleged rape victim went to a party and got drunk and was then allegedly raped under the relatively new classification of impossible consent, it is usually quite a struggle even to suggest that the alleged perpertrator(s) commiteed the lesser classifications of 'kidnapping' called false imprisonment or unlawful confinement.
2007-11-29 20:17:05 · answer #3 · answered by Robert G 5 · 0⤊ 0⤋
Kidnapping USUALLY requires moving the victim from one location to another (against their will).......which is not a trait of your "average" rape situation.
Now False Imprisonment is a possible additional charge, but in some States, it is a lesser and included offense of the original crime (rape).
2007-11-29 20:04:58 · answer #4 · answered by Rottluver 4 · 0⤊ 0⤋
yes. the person being raped is being held against their will. = kidnapping.
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A person does not have to be taken out of their home or transported to be kidnapped. Holding a person ANYWHERE against their will constitues kidnapping. Even in Date rape holding the person down and not letting them leave is kidnapping. SInce rape requires someone to be held somewhere for the duration of the rape, it is kidnapping.
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recently a woman in GA was killed in her home by police officers. The police officers were charged with kidnapping because the woman was not able to leave her home after the police officers entered. The woman was never transported anywhere.
2007-11-29 20:12:49 · answer #5 · answered by A.D. 2 · 0⤊ 1⤋
I would think they could also be charged with unlawful detention but I've never heard of anyone being charged with kidnapping, BECAUSE they detained someone during a rape. Rape already implies that you held someone against their will.
2007-11-29 20:03:28 · answer #6 · answered by Lisa E 6 · 0⤊ 0⤋
You are wrong. Most rapes are violent attacks that take place inside of houses, apartments, or secluded areas. Although sometimes a victim could be kidnapped and taken to a secluded spot, that is not the norm.
2007-11-29 20:04:50 · answer #7 · answered by booman17 7 · 0⤊ 1⤋
Sounds logical to me. Abducting someone for the purpose of holding them against their will while perpetrating a heinous crime sounds like kidnapping to me as well.
2007-11-29 20:05:19 · answer #8 · answered by anna 3 · 0⤊ 0⤋
No, it is not considered kidnap. If you take her out of her house, then yes, but most cases are raped in their own houses it is not considered rape.
2007-11-29 20:04:14 · answer #9 · answered by talkalot123 1 · 0⤊ 0⤋
Well rape can happen anywhere they don't necessarily kidnap them sometimes rapist just rape and kill then leave the body behind..
2007-11-29 20:12:19 · answer #10 · answered by EmeryJae 2 · 0⤊ 0⤋