Aggravated Rape / First Degree Rape — Louisiana

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

 

First Degree Rape — 14:42 La R.S.

 

During the 2015 legislative session, Louisiana lawmakers changed the term for this statute from Aggravated Rape til First Degree Rape.

First Degree Rape is a rape committed upon a person 65 years old or older or under 13 years old where sexual intercourse is without lawful consent of the victim because it is committed under any one or more of the following circumstances:

 

(1)  When the victim resists the act, but whose resistance is overcome by force.

(2)  When the victim is prevented from resisting the act by threats of great and immediate bodily harm.

(3)  When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.

(4)  When the victim is under the age of thirteen years.  Lack of knowledge of the victim’s age shall not be a defense.

(5)  When two or more offenders participated in the act.

(6)  When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

 

Penalties

First Degree Rape is one of the most serious crimes a person can be accused of committing.

Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, 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 — Louisiana.

 

Related Blog Posts

Overview of Rape in Louisiana

Third Degree Rape

Second Degree Rape

 

Legal Assistance

If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Our attorney specializes in the defense of sex crimes. Contact Elizabeth B. Carpenter, Esq. for a consultation.  Your freedom is important to us!

 

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