Rape Laws — Louisiana

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

 

Louisiana Rape Laws

Today I am going to review all the laws pertaining to rape and sexual battery in Louisiana. As you will see, the law provides for several different forms of rape with each one carrying different penalties. If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Contact my office for a consultation. I am dedicated to defending those accused of sex offenses in southern Louisiana.

In 2015, Louisiana lawmakers changed the name of Aggravated Rape, Forcible Rape and Simple Rape to First Degree Rape, Second Degree Rape and Third Degree Rape, respectively.

 

  Aggravated Rape (As of 2015)  First Degree Rape — 14:42 La R.S.

Aggravated rape is a rape committed upon a person 65 years old or older or under the age of 13 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.

Penalty

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.

However, if the victim was under the age of thirteen years:   Capital Punishment

The district attorney may seek capital punishment, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury.  The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.

If the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

 

Forcible Rape (As of 2015) Second Degree Rape — La R.S. 14:42.1

Forcible 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.

Penalty

Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than 5 to 40 years.  At least 2 years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

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

 

Simple Rape (As of 2015) Third Degree Rape —  La R.S.  14:43

A.  Simple rape is a rape 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:

(1)  When the victim 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 cause and the offender knew or should have known of the victim’s incapacity.

(2)  When the 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.

(3)  When the female victim 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.

Penalty

Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor for not more than 25 yrs, without benefit of parole, probation, or suspension of sentence.

 

Sexual battery — La R.S. 14:43.1

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, when any of the following occur:

  • The offender acts without the consent of the victim.
  • The act is consensual but the other person, who is not the spouse of the offender, has not yet attained 15 years of age and is at least three years younger than the offender.

**The offender is seventeen years old or older and any of the following exist:

  • The act is without consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
  •  The victim is physically incapable of preventing the act due to a physical disability.
  • The victim is incapable of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.
  • The act is without consent of the victim, and the victim is 65 years old or older.

Lack of knowledge of the victim’s age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense under the provisions of this Section.

Penalty

Whoever commits the crime of sexual battery shall be punished by imprisonment for not more than 10 years with or without hard labor, without benefit of parole, probation, or suspension of sentence..

Whoever commits the crime of sexual battery on a victim under the age of 13 when the offender is 17 years old or older shall be punished by imprisonment at hard labor for 25 to 99 years. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

**Whoever commits the crime of sexual battery on a victim who is 65 years old or older or who has was physically or mentally impaired at the time of the incident shall be imprisoned at hard labor for 25-99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Upon completion of the term of imprisonment, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

 

Second degree sexual battery  —  La. R.S. 14:43.2

Second degree sexual battery is the intentional engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim:

(1)  The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or

(2)  The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

Penalty

Whoever commits the crime of second degree sexual battery shall be punished by imprisonment for not more than 15 years, with or without hard labor, without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of second degree sexual battery on a victim under the age of 13 when the offender is 17 years old or older shall be punished by imprisonment at hard labor for not less than 25 – 99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Any person who is 17 years old or older who commits the crime of second degree sexual battery shall be punished by imprisonment at hard labor for 25 – 99 years, at least 25 years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence, when any of the following conditions exist:

(a)  The victim is  physically incapable of preventing the act due to a physical disability.

(b)  The victim is incapable of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.

(c)  The victim is 65 years of age or older.

 Upon completion of the term of imprisonment imposed the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

 

Oral sexual battery — La R.S. 14:43.3

Oral sexual battery is the intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim, when any of the following occur:

  • The victim, who is not the spouse of the offender, is under the age of 15 and is at least 3 years younger than the offender.
  • The offender is 17 years of age or older and any of the following exist:

The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:

  • The victim is otherwise physically incapable of preventing the act due to a physical disability.
  • The victim is mentally incapable of understanding the act and the offender knew or should have known of the victim’s incapacity.
  •  The act is without the consent of the victim, and the victim is 65 years of age or older.

 Lack of knowledge of the victim’s age shall not be a defense.

Penalty

* Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor.  At least 10 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

* Whoever commits the crime of oral sexual battery on a victim under the age of 13 when the offender is 17 of age or older shall be punished by imprisonment at hard labor for 25 to 99.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

* Whoever commits the crime of oral sexual battery on a victim who is physically or mentally disabled or 65 years old or older shall be imprisoned at hard labor 25 – 99 years.  At least 25 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

Upon completion of the term of imprisonment, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

 

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