What Is Second Degree Rape? | The US Sun

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RAPE is legally defined as a penetrative act of sex, performed on another person without their consent.

There are different degrees of rape, differentiated by the circumstances surrounding the act and the specific actions of the perpetrator.

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A person who has raped someone in the first degree may have kidnapped their victimCredit: Getty

What is first degree rape?

Rape in the first degree is defined as when the perpetrator engages in sexual intercourse with another person by forcible compulsion, with an additional circumstance such as the following.

According to the University of Washington, these include when the perpetrator, or an accessory to the perpetrator, has either used, or threatens to use, a deadly weapon or what appears to be a deadly weapon.

They could also have kidnapped their victim.

The perpetrator may also have inflicted serious physical injury on their victim, including, but not limited to, physical injury which renders the victim unconscious.

It also included cases in which the perpetrator had illegally entered the building or vehicle where the victim was situated.

There are different degrees of rape, as it is legally definedCredit: Getty

What is second degree rape?

A person is guilty of rape in the second degree when, under circumstances not meeting those to make it constitute rape in the first degree, the person engages in sexual intercourse with another person with other factors which take away their consent.

This could be either when the sexual intercourse is carried out by means of forcible compulsion, or when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated.

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What is third degree rape?

Rape in the third degree can be defined as when a person engages in sexual intercourse with another person where the victim did not consent to the act and their lack of consent was clearly expressed by the victim’s words or conduct.

This type of rape also includes when there was a threat of substantial unlawful harm to property rights of the victim.

If you or someone you know is affected by any of the issues raised in this story, call RAINN (Rape, Abuse, & Incest National Network) at 800-656-HOPE (4673).

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