Rape laws in the United States

However, rape is federally defined (even though individual state definitions may differ) for statistical purposes as:[1] Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.Laws use various terms to define aspects of instances of rape or sexual assault, including the acts themselves, the alleged perpetrator and the alleged victim, and whether they are or have been married to each other or someone else.

[6] Some U.S. states recognize penetrative sex without consent by the victim and without the use of force by the perpetrator as a crime (usually called 'rape').

Other states do not recognize this as a crime; their laws stipulate that the perpetrator must have used some kind of force or coercion (physical violence (that results in demonstrable physical injury), threats against the victim or a third party, or some other form of coercion) in order for such nonconsensual penetrative sex to amount to a crime.

[7][8] Arizona sentencing laws make the prison term dependent on several factors such as the age of the victim or the criminal record of the offender.

[11] All crimes listed here are also punishable by California’s “One-Strike Law”, Penal Code 667.61, which has a list of aggravating circumstances (such as a prior sex crime conviction, or the employment of torture during the crime), which if the aggravating circumstance is found true, increases the base term to a life sentence with parole eligibility depending on the age of the victim and the number of aggravating circumstances found true.

Sexual assault describes rape in the law of Colorado, and several factors make this crime, normally classified as class 3 felony, to be punished more harshly.

Of note, the offense of capital sexual battery cover cases where the offender is above 18 and the victim below 12.

"Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.'

Any sexual act performed on a person without their freely given or affirmative consent is punishable as 'sexual battery' to various degrees (depending on the perpetrator's and victim's ages, and whether no, some, or potentially deadly physical force or coercion was used).

[22][23] In Indiana, there is only one separate disposition for the crime of rape, on which, if needed, are applied aggravating circumstances.

[28] Its capital child rape status was overturned by the Supreme Court in Kennedy v. Louisiana.

[33] Until July 2019, in Minnesota sexual violence occurring between spouses at the time they cohabit or between unmarried partners could be prosecuted only if there was force or threat of thereof, due to exemptions created by Article 609.349 'Voluntary relationships'[34] which stipulated that certain sexual offenses do not apply to spouses (unless they are separated), and neither do they apply to unmarried cohabitants.

[45] In New Mexico the offense of rape is punished as Criminal Sexual Penetration, itself divided in four degrees.

[53] Oklahoma divides the offense of rape in two degrees and enacted a capital version of the Jessica's Law.

[56] Sexual Assault by Sports Official, Volunteer, or Employee of Nonprofit Association In the Pennsylvania Consolidated Statutes, 'Section 3107.

Furthermore, mental disability can render a person incapable of consenting to sexual intercourse, deviate sexual intercourse, or aggravated indecent assault, thus making an actor who engages in these acts with a mentally disabled complainant punishable under 'Section 3121.

[59] South Carolina divides "criminal sexual conduct" in three degrees, along two categories of teacher-student sex and a special crime for spousal rape.

Although Subsection (b)(3) and (4) could be interpreted as requiring the other person to resist the sexual assault, in the 2016 Orgain v. State case the Second District Court of Appeals ruled that sexual assault is defined by the attacker's use of force or coercion, not by the victim's resistance.

[67] In Virginia, there is a single offense of Rape along with Forcible Sodomy and various forms of Carnal Knowledge.

[73] In Guam, the law distinguishes between four degrees of criminal sexual conduct, the three first involving penetration.

[74] In the Commonwealth of the Northern Mariana Islands, the offense of Sexual assault is divided in four degrees, of which the three first involve penetration.

In Puerto Rico, there is only the crime of Sexual Assault (Agresión sexual)[75] In the American Virgin Islands, the offense of rape is divided in three degrees, and a separate offense of Aggravated rape is further divided in two degrees.