Second Degree Rape Louisiana
Second Degree Rape in New Orleans is defined as 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
The penalty for second degree rape in Louisiana whoever commits the crime of second degree 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. This is a very controversial procedure.
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.
Legal Assistance
If you or a loved one needs and attorney for second degree rape in New Orleans contact attorney Elizabeth B.Carpenter for a consultation. We want to fight for you.
Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.