What is difference between first degree and second degree rape? There was a discussion a while back about sex offender's being listed publicly. I decided to recheck mine, as well as my hometown. When I searched my hometown (I now live 30 miles away from) I realized that I had someone who I went to school with listed with second degree rape along with "Aggrevated" next to it. Is second degree rape the same as statutory?
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Difference in Degree's of Rape
- Thread starter TravisT
- Start date
Jeeebus
Diamond Member
A. Rape in the first degree shall include:
1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
3. rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
4. rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
5. rape by instrumentation committed upon a person under fourteen (14) years of age.
B. In all other cases, rape or rape by instrumentation is rape in the second degree.
1. rape committed by a person over eighteen (18) years of age upon a person under fourteen (14) years of age; or
2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
3. rape accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the person committing the crime; or
4. rape by instrumentation resulting in bodily harm is rape by instrumentation in the first degree regardless of the age of the person committing the crime; or
5. rape by instrumentation committed upon a person under fourteen (14) years of age.
B. In all other cases, rape or rape by instrumentation is rape in the second degree.
SociallyChallenged
Elite
How did you check, by the way? I'd be interested to check my area.
You can go here: http://www.sexcriminals.com/registration-notification/
You choose your state (obviously) then you can click the link of something like "Oklahoma Sex Offender Registry". This will then put you at your states registry. Each state has al ittle different setup, but you should be able to navigate rather easily. 🙂
You choose your state (obviously) then you can click the link of something like "Oklahoma Sex Offender Registry". This will then put you at your states registry. Each state has al ittle different setup, but you should be able to navigate rather easily. 🙂
2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
Unless you know the person and know she really wants it, its better to be safe than sorry and not do the deed with a random drunk chick.
Someone who is drunk can NOT legally give consent. So you might have thought it was consentual but she can still claim rape and you are SOL.
MrFire8808
Senior member
OMG! There's one that lives in my apartment complex!
Gooberlx2
Lifer
So, essentially rape with any minor or mentally handicapped person (or unable to give consent). Or violent rape resulting in bodily harm is in the 1st degree.
So second degree rape would be what? How does the guy you found have rape in the 2nd plus aggravated? Aggravated what, assault?....maybe it was a plea bargain?
My sister-in-law got raped while being passed out drunk. She never even confronted the guy that she thinks did it. Only myself, my wife, and a friend of the family know that it happened. I don't even think that her husband (whom she met after the incident) knows. I never turned it in because I think if you are that drunk you are leaving yoruself open to that type of behaviour. As bad as it is... it is a bad situation she put herself in.
Could be somethign to do with a plea. I don't know if it is just a coincidence, but the individual i'm talking about also had someone else with the same last name on the list too (older individual, potentially a father or grandfather). There are about 15 people on the list for my area, they have a pretty rare last name, so it is possible they did something together to someone and he bargained his way to 2nd degree.
MagnusTheBrewer
IN MEMORIAM
She may indeed have used bad judgement which in NO way mitigates or makes her resposible for her RAPE. This is not hard to understand people. Turn the asshole in. Point at him and say there goes a rapist.
MagnusTheBrewer
IN MEMORIAM
You're quite right and, at this point, actual prosecution is unlikely. However, the point I was trying to make is that the sister-in-law, bad judgment or no, was in no way responsible nor the act less heinous because she was drunk.
SophalotJack
Banned
2. rape committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime;
You sound like a first degree rapist to the law.
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