Simple Rape / Third Degree Rape– Louisiana Sex Crimes

Posted by & filed under Crime of Violence, Crimes Defined, Criminal Statutes, Sex Crimes.

 

Third Degree Rape

Prior to the 2015 legilative session, Third Degree Rape was known as Simple Rape.  The statute for third degree rape can be located La. R.S. 14:42. This crime is committed when the anal, oral or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

 

  • The victim is incapable of resisting or of understanding the nature of the act by reason of intoxication and the offender knew or should have known of the victim’s incapacity.

 

  • The victim, through unsoundness of mind, is incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.

 

  • The female victim submits under the belief the person committing the act is her husband.  This belief is induced by an act of artifice or pretense by the offender.

 

Whoever is convicted of Third Degree Rape under the following circumstances will have to Register as a Sex Offender for life — To be conducted quarterly:

 

  •  a victim who is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any other incapacity

OR

  • a victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity

Whoever is convicted of Third Degree Rape on a  female victim who submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender will have to Register as a Sex Offender for 15 years — To be conducted annually.

 

Third Degree Rape is considered a Crime of Violence in Louisiana.

 

Important Message about Legal Representation

If you or a loved one is facing a  Third Degree Rape charge, you must contact  Attorney Elizabeth B. Carpenter, Esq.  New Orleans Sex Crimes Attorney.  She is dedicated to the defense of those accused of Sex Crimes. We are here to defend you, not judge you!

 

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