Louisiana Criminal Defense: Rape Laws in Louisiana

In Louisiana, there are three levels -- degrees -- of rape charges. The two key elements of rape in Louisiana are penetration and lack of consent. Penetration can be proven even if the penetration is minimal or even negligible. If there is no penetration, then generally, the crime is called some form of sexual battery. Because Louisiana prosecuting attorneys generally charge as many crimes as the facts will substantiate, in rape cases, the accused will very often be charged with various levels of rape, sexual battery, and common battery.

Consent is generally a defense, but there are many circumstances in which the victim cannot legally consent. Examples in which consent cannot occur include those cases in which the accuser is under the age of 17 and those accusers who are mentally infirm. In Louisiana, rape can involve oral, vaginal, or anal penetration.

Those convicted will face incarceration, fines, and mandatory sex offender registration.

First-degree rape

First-degree rape -- also called aggravated rape -- is the most serious. It involves oral, anal, or vaginal penetration without the victim's consent and one of the following:

• Use of force
• Use of threats of great bodily harm if the victim does not consent
• The accused is armed with a dangerous weapon -- a dangerous weapon is very broadly defined
• The victim is under the age of 13 or over the age of 65
• The victim is quadriplegic or paraplegic or has a mental infirmity
• Two or more people participated in the rape

First-degree rape carries a potential life sentence.

Second-degree rape

Second-degree rape -- also called forcible rape -- involves oral, anal, or vaginal penetration without the victim's consent and one of the following:

• Use of threats of physical violence if the victim does not consent
• The accused drugged the victim without the victim's knowledge, thereby making the victim unable to resist or unable to understand the nature of the act

A conviction of second-degree rape carries a potential incarceration term of 5 to 40 years at hard labor.

Third-degree rape

Third-degree rape -- also called simple rape -- involves oral, anal, or vaginal penetration without the victim's consent and one of the following:

• The victim was drugged, intoxicated, asleep, or incapacitated in some other manner so that the victim could not resist or understand the nature of the sexual acts, AND the accused knew or should have known that the victim was incapacitated.
• The victim was temporarily or permanently incapable of understanding the nature of the act, AND the accused knew or should have known that the victim was incapacitated.
• Accused used false pretenses of being someone else

A conviction of third-degree rape carries a potential incarceration term of up to 25 years at hard labor.

Defenses to charges of rape in Louisiana

If you are charged with rape in Louisiana, you may benefit from hiring a Louisiana criminal defense attorney. A defense attorney can evaluate your case and protect your legal rights. Contact us here at the Law Offices of Philip B. Adams. Depending on the facts, there may be potential legal defenses. Examples include:

• Innocence -- the rape did not happen
• Consent by the alleged victim -- as noted, consent is not available as a defense in some circumstances
• Alibi or mistaken identification -- a type of innocence defense
• Impossibility -- would need to be medically proven and supported
• Not rape for lack of penetration -- would still make the accused likely to be convicted of sexual battery
• And more

Contact A Louisiana Criminal Defense Attorney Today

For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to defend your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. 

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