First Degree Rape / Aggravated Rape Laws — Louisiana

First Degree Rape — 14:42 La R.S.

During the 2015 legislative session, Louisiana lawmakers changed the term for this statute from Aggravated Rape t0 First Degree Rape. For all purposes, “aggravated rape” and “first degree rape” mean the offense defined by the provisions of this Section and any reference to the crime of aggravated rape is the same as a reference to the crime of first degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as “first degree rape”.

First degree rape is a rape committed upon a person 65 years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be 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 13 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.

Under this law the following definitions apply:

“Participate” means:

(1) Commit the act of rape.

(2) Physically assist in the commission of such act.

“Physical infirmity” means a person who is a quadriplegic or paraplegic.

“Mental infirmity” means a person with an intelligence quotient of seventy or lower.

Penalties / Sentencing

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.

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 New Orleans Rape attorney has years of experience working in sex crimes. Contact Elizabeth B. Carpenter, Esq. for a consultation.  Your freedom is important to us!  504-599-5955

Related Blog Posts

Overview of Rape in Louisiana

Third Degree Rape

Second Degree Rape

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