is this considered rape?

Question

just to let you know, this did NOT happen to me
i'm taking a self defense class at school and we are put in these rape scenarios...and that made me have a lot of questions about what is considered rape

okay two circumstances, would they be considered rape and what would the average jail time be for the rapist?

1. a minor (say, 15) is walking home from school, a man jumps out, says that he has a knife and she needs to do whatever he tells her to, and begins to undress her and have sex with her...however, she is in shock and does not say no and does not resist the man from having sex with her because her body is in shock. (would the rapist only be charged with statutory rape or other charges as well?)

2. the same scenario except with somebody over 18

Answer 1

Rape is defined as sexual intercourse by force and without consent.

In both cases, this is rape (obviously under 15, it would also be statutory-type rape, but they have forcible rape as well).

A victim is only required to demonstrate resistance as appropriate to show she is not consenting under the circumstances. When a person shows a weapon that can cause death or grevious bodily harm and threatens to do so, she is not required to show any resistance if she fears that doing so will put her at risk of death/threat. Clearly she is not consenting even if she shows absolutely no resistance.

Person is probably looking at serious time (due to the knife being used). In most jurisdictions you can get life, but depends on a lot of circumstances/past criminal record.

Answer 2

With a weapon and a threat, or WITH ONLY A THREAT OF A WEAPON, in Louisiana both would be Forcible Rape, which is halfway between Simple Rape and Aggravated Rape. No weapon has to be visible and the victims actions subsequent to the initial threat no longer matter. What the victim does to preserve her life is instantly immaterial to the case.

Age makes no difference to the rape charge, but there might be an extra charge for the Assault on a Juvenile in the first case. (Not sure about that one.)

If the knife ever comes out and is even just TOUCHED to the victim's skin, it becomes aggravated rape in Louisiana. If there is an actual cut, it becomes aggravated rape AND aggravated assault. (Both charges applicable simultaneously and neither one excludes the other.)

Forcible rape is 5-15 years. Aggravated rape goes up to 20 or 25, I forget which. Add to that an aggravated assault and you are looking at consecutive terms in the 30-40 year range.

Answer 3

1st a 15 year old in most states cannot give consent. However since the 15 year old never (according to your story) gave consent or participated in sex act its forcible rape and can be sought that way. time in jail is unknown for several reasons
.We don't know exact charge as of yet
. We don't know anything about plea deals (if any)
.We don't know if suspect has priors or is on parole/probation

2nd story is pretty much the same only stat rape is now out of picture. Remember rape is any sex act not consented to. In both stories the female does not give consent and in both cases there is a threat of violence in they do not comply. that is not consent!

Answer 4

In both cases the sex is non-consensual, thus rape. In first case , yes, statutory rape also plus a few other sundry charges regarding knife etc. ! The perp is looking at 25 yrs. in [1] maybe 20 yrs' in [2].

Answer 5

Yes, in both cases it is rape. It is forcing someone to have sex with you. YOU DO NOT HAVE TO SAY NO to be raped. The fact that he has a knife and she is in fear for her life means he has used a weapon to force her to do something against her will. If the action he has her do is sex, she has been raped. He could also be charged with kidnapping or something similar in addition to the charges because through use of fear and intimidation with the weapon, he has prevented another human being from exercising their right to leave a situation of their own volition and free will.

Answer 6

1.) Sexual assault on a minor, statuatory rape and possible attempted murder. All this because, she is in shock for a reason for a reason, the guy holding a knife to her throat. She could have taken it as: "he's going to kill me," "he's going to hurt me," or either of these statements used after the phrase "I'd better comply without a struggle or else (insert an afformentioned phrase here)." And that's forcing (by fear) into a sexual act, which is rape.

2.) Basically the same thing. Just applying the offenses as on an adult victim.

Answer 7

1. The man used the threat of deadly force, so he did in fact commit forcible rape as well as statutory rape.

2. Statutory rape would not apply, only charges of forcible rape.

Answer 8

In both instances it is rape. The person did not give consent in either scenario. Alaska statutes say the man would be sentenced 10-40 years because of the weapon, if it were his first offense.

Answer 9

both scenarios are rape!! What I don't consider rape is the fact that if a woman goes to some guys hotel room to do something out of the public eye,(that is to say do something they don't want any one to see) then she yells rape I don't consider that to be rape because you,they expect me to take the word of the woman over the man based on the facts such as sperm on her clothing her vagina was tore do to rough sex and because she gave up a few tears, i say no because she very well could of consented and for whatever reason cried the r word and then the man goes to prison for 20 yrs based on circumstantial evidence not me I vote him innocent every time otherwise if you want me to give up a guilty verdict stay in the public eye so at least it doesn't become a he said she said issue and I'll be glad to put these guys in prison as long as there is corroborating evidence to support that claim that is the way I see it

Answer 10

Both are rape. The issue of saying "no" comes into play with dates, friends, etc., where consent is a defense. The stranger with a knife scenerio cannot contemplate "consent."