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October 18, 2017

Proposals for Aggravated Rape statute in the great state of Oliwood

I have received the first submitted draft statute.  It comes from these sponsors: Carl T. Crow, Ruben C. Garza, Nataliya Merkoulova, Jacob L. Nathan and Kevin L. Scott. It reads as follows:

Aggravated Rape

(1) A person at least 18 years old commits ‘Aggravated Rape’ where, without consent for oral, anal, or vaginal penetration, that person purposefully or knowingly executes said non-consensual penetration by any of the following means or under any of the following circumstances:

(A) the assailant purposely uses, threatens to use, or displays a deadly weapon in order to facilitate the commission of the assault;

(B) the offender threatens to cause or causes serious or severe physical injury or disfigurement;

(C) the assailant attempts to kill the victim or another person during the commission of the assault;

(D) the assailant purposely or knowingly receives aid from or commits the assault with one or more other persons;

(E) the assailant knows the victim to be unable to consent due to the victim’s physical or mental disability;

(F) the assailant purposely holds the victim captive against their will in order to perpetrate further nonconsensual penetration;

(G) the assailant knows the victim to be under the age of 18 and creates sexually explicit audio, photographic, or video material of the assault, regardless of whether the material created is intended for personal use or for distribution; or

(H) the assailant purposely or knowingly provides or administers to the victim a substance intended to incapacitate the victim.

(I) the assailant is the parent or legal guardian and the victim is under the age of 18.

(2) Any person at least 18 years old engages in oral, anal, or vaginal penetration with a person under the age of 13 is guilty of ‘Aggravated Rape’ regardless of the offender’s knowledge of the victim’s age.

(3) Aggravated Rape Penalties: A person found guilty of Aggravated Rape shall be incarcerated for 15-25 years with the possibility of parole after 10 years.  Any person convicted of Aggravated Rape must register as a sex offender with both the state and national sex offender registries.  A person convicted of Aggravated Rape may never purchase or otherwise possess a firearm.

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Here is the second submitted draft statute, coming from the Committee for Free Beer:

Aggravated Rape

1.) A person is guilty of aggravated rape when they engage in the activity of unwanted sexual intercourse or intrusion either vaginally, anally, or orally

(A) with a person age 10 years old or younger whether or not the offender knows the age of the other person, these persons shall be held strictly liable;

(B) purposefully or knowingly using extreme force or threat of extreme force to facilitate the activity;

(C) purposefully or knowingly with a mentally handicapped person who possesses a sufficiently diminished capacity to be able to consent to sex;

(D) while in the commission of or immediately preceding the commission of a violent crime;

(E) purposefully or knowingly with a person who is unconscious;

(F) while purposefully or knowingly using a position of authority or trust to facilitate the activity;

(G) after using drugs administered to the victim without the victim’s knowledge to facilitate the activity;

(H) while purposefully or knowingly acting in concert with another to facilitate the activity or;

(I) if the offender has already been convicted of a previous charge of rape or aggravated rape.

(J) Any person guilty of any provision under this section is guilty of a first-degree felony.

A person convicted of Aggravated Rape will be sentenced to a minimum of 10 years in prison with a maximum of life imprisonment with the chance of parole.

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Here is the third submitted draft statute, coming from the Committee of Olli-garchs (updated because "the Committee of Olli-garchs realized there was a formatting error on the draft we sent you."):

1) A person who purposely, knowingly, or recklessly engages in sexual activity with another without the other’s affirmative consent is guilty of aggravated rape

a. Sexual activity that can constitute rape shall not be limited to intercourse. Rape can also be engagement in oral sex, anal sex, sexual touching of the genitalia of either the actor, victim or both, forced masturbation, any type of sexual penetration with a body part or with another object so manipulated by the offender, no matter how slight the touching is.

     i. Rape can be committed against or by any individual regardless of gender or gender identity.

b. These sexual acts are considered aggravated rape when they are done actor purposely, knowingly, or recklessly by an actor and in the absence of affirmative consent or when the victim revokes affirmative consent.

     i. Affirmative consent is purposeful, voluntary, non-intoxicated, non-impaired, non-coerced verbal or nonverbal consent.

2) A person commits an aggravated rape when any of the following apply:

a. The actor engages in sexual activity with a victim who is less than 12 years old regardless of the actor’s mental culpability

     i. Children under the age of of 12 cannot affirmatively consent

b. The actor uses or threatens to use physical strength, force, or other kinds of violence to encourage the victim to submit to sexual activities

     i. The threat is sufficiently made with or without a dangerous weapon

     ii. The actor’s intent to follow through with a threat is immaterial

c. A victim is mentally disabled such that their mental disability renders the victim

     i. Unable to understand the implications of a sexual act

     ii. Unable to affirmatively consent a sexual act

d. The victim is intoxicated and cannot purposely or knowingly consent to sexual activity

     i. An intoxicated victim is one whose mental capacity is impaired or who has become unconscious due to any type of intoxicating substance including but not limited to alcohol and date rape drugs such as rohypnol, ketamine, and gamma-hydroxybutyrate.

e. The victim is unconscious at any point during the sexual activity and the actor continues with the sexual activity.

f. The actor purposely targets a victim due to actor’s hate for a community of which the victim is a member, and it is the actor’s conscious object to inflict harm on the victim because of the victim’s identity with that community.

     i. Community identities include but are not limited to race, religion, gender, gender identity, sexual orientation, nationality, age, disability, and socioeconomic status.

g. Where an actor commits multiple rape offense of any mental culpability, the actor is guilty of aggravated rape even where the individual instances of rape are not aggravated.

3) In instances where there are multiple actors, each actor is equally culpable for the rape of the victim or victims.

4) A dangerous weapon is any object so designed or so used for the purpose of inflicting harm upon another (including body parts of the offender).

a. An actor using a dangerous weapon need not know that the object would or could be classified as dangerous.

b. So long as an actor implies or suggests that there is a weapon, a threat of a dangerous weapon is established. Visual confirmation that there is a dangerous weapon on the part of the victim need not have occurred to establish threat of a dangerous weapon.

5) Punishments

a. For anyone who violates §§ 2(a) and 2(g) the prison term shall be 25 years to life in prison without parole

b. For anyone who violates § 2(b), the prison term shall be 20 years to life in prison

c. For anyone who all other sections of this statute, the prison term shall be at least 15 years in prison

d. Regular police check-ins with a frequency contingent on prison counselor’s recommendation upon release

e. After release, aggravated rape offenders cannot petition for release from community supervision as other sex offenders have the opportunity to do

October 18, 2017 in Course materials and schedule | Permalink

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