Forcible Rape / Second Degree Rape — Louisiana Law

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

 

Second Degree Rape — La R.S. 14:42.1

Prior to the 2015 legislative session, Second Degree Rape was referred to as Forcible rape.

Second Degree Rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:

(1)  When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.

(2)  When the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.

Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than 5 nor more than 40 years.  At least 2 years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

The court may sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.  SEE Medroxyprogesterone Acetate (MPA) / Physical Castration Sex Offenders

 

Overview of Rape in Louisiana.

 

Anyone convicted of Second Degree Rape must Register as a Sex Offender with the state for Life, to be conducted quarterly.

 

Second Degree Rape is a Crime of Violence under the Louisiana Code.

 

New Orleans Forcible Rape Defense Attorney

Elizabeth B Carpenter  represents many people accused of Sex Offenses including Rape.  We are dedicated to the defense of those accused of Sex Crimes. Your freedom is important to us!

 

 

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