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October 28, 2021

Draft Aggravated Rape statutes for legislative consideration before scheduled (in-class) legislative hearing

The drafting committee of Katie B., Camryn H. and Hillary L. has submitted this draft of an Aggravated Rape statute for the legislature's consideration:

(A) Aggravated rape is any unconsented to sexual penetration, whether orally, anally, or vaginally, committed by a person charged as an adult, of another, accompanied by any of the following:

(1) Force, threat of force, or coercion:

   (a) Resulting in serious bodily injury or death to the victim

   (b) Use or possession of a deadly weapon by the offender, or leading the victim to reasonably believe s/he possesses a deadly weapon

   (c) Where the offender employs the assistance of another actor to facilitate the offense

   (d) Coercion is assumed where a relationship of authority exists over the victim, as specified in this subsection:

      (i) The offender is related to the victim

      (ii) The offender holds a supervisory, disciplinary, or other authoritative role over the victim, including but not limited to, legal guardian, educator, supervisor, law enforcement officer (including corrections officers)

(2) The offender administers a controlled substance or alcohol, without the victim’s affirmative consent, in an effort to prevent resistance by the victim.

(3) The victim belongs to any of the following vulnerable categories, whether or not it is known by the offender:

   (a) A minor under the age of 13

   (b) Physically incapacitated

   (c) Mentally incapacitated

   (d) Unconscious

(B) Aggravated rape is a first degree felony.

(C) A victim need not show physical resistance for prosecution under this statute.

(D) Evidence of the offender’s past sexual activity is permissible if material to a fact of the case or shows a pattern of behavior.

(E) Evidence of the victim’s past sexual activity is not permissible unless material to a fact of the case and its inflammatory or prejudicial nature does not outweigh its probative value.

(F) Conviction under this statute shall result in a sentence of 15 years - life in prison without the possibility of parole and mandatory lifetime sex offender registration.

(1) Conviction under subsection (3)(a) may be subject to a life sentence with the exception specified under subsection (F)(1)(a)

   (a) A minor convicted under subsection (3)(a) is not subject to a life sentence

(2) If subsection (D) shows that a pattern of behavior exists as specified under this statute the offender shall be subject to a life sentence.

(G) There is no statute of limitations to bring a charge under this statute



The drafting committee of Sydney B., Juliana H., Colin P. and Maddison W., has submitted this draft of an Aggravated Rape statute for the legislature's consideration:

Section 678.1. Aggravated Rape

(A) A person over the age of 16 who purposely, knowingly, or recklessly commits a non-consensual sexual act with another through force, coercion or threat is guilty of rape.

(1) A person over the age of 16 years who purposely or knowingly commits a non-consensual sexual act to another is guilty of aggravated rape when the offender:

   (a) Uses a deadly weapon to force, coerce, or threaten another to partake in non-consensual sexual activity

   (b) Inflicts serious bodily harm on another in the facilitation of unconsented sexual activity

   (c) Engages in unconsented sexual activity while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit kidnapping, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, terrorism, or escape

   (d) Intentionally transmits a sexually transmitted disease

   (e) Commits the unconsented sexual act aided by one or more other persons

   (f) Utilizes a date-rape drug in the commission of an unconsented sexual act

(2) A person over the age of 16 years who purposely, knowingly, or recklessly engages in non-consensual sexual activity with another is guilty of aggravated rape when the victim:

   (a) Is under the age of 13

   (b) Is sufficiently intoxicated to the point that the victim is unable to provide consent

   (c) Is unconscious or otherwise incapacitated

   (d) Is unable to resist or provide consent due to cognitive or mental disability

(B) Definitions

(1) Non-consensual sexual act:

   (a) Non-consensual penetration, no matter how slight, vaginally or anally by another or an object of another, or

   (b) Non-consensual oral penetration, no matter how slight, by the sexual organ of another, or

   (c) Non-consensual masturbation of a person by another.

(2) Consent:

   (a) Consent is present when a person freely, voluntarily, and knowingly agrees to partake in an act.

   (b) Consent may be withdrawn at any time during a sexual encounter. After consent is withdrawn, an individual no longer maintains consent.

(3) Force, Coercion, Threat:

   (a) Power, violence, compulsion, or constraint exerted upon or against a person or thing.

   (b) Exercise of strength or power, especially physical, to overcome resistance.

   (c) Strength or power of any degree that is exercised without justification or contrary to law upon a person or thing

   (d) A victim need not prove resistance to force, coercion, or threat in order it to be established that the offender committed a non-consensual sexual act using force, coercion, or threat

(C) Punishment

(1) Whoever violates this section is guilty of aggravated rape, a felony of the first degree, with a definite prison term of 25 years to life

October 28, 2021 in Course materials and schedule | Permalink


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