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Does anyone know if there is a federal law against/dealing with rape, specifically?

M

MrsBugi

Platinum Member
I've been searching around online for about 30 minutes, and I can't find any information on a federal law concerning forcible rape.

Prison rape, yes... statutory rape, yes... but no forcible rape involving non-imprisoned adults.

Is anyone out there better at online searching than I am, or is there just no federal law against/dealing with rape (incapacitated, disabled, in a situation where you are unable to give consent, etc.)?
 
Originally posted by: MrsBugi
I've been searching around online for about 30 minutes, and I can't find any information on a federal law concerning forcible rape.

Prison rape, yes... statutory rape, yes... but no forcible rape involving non-imprisoned adults.

Is anyone out there better at online searching than I am, or is there just no federal law against/dealing with rape (incapacitated, disabled, in a situation where you are unable to give consent, etc.)?
Click to expand...

That pretty much defines rape doesn't it?? 😕 If it took place on federal premises it might matter, but I'd guess that rape laws would vary by state.
 
Originally posted by: SonnyDaze
Originally posted by: MrsBugi
I've been searching around online for about 30 minutes, and I can't find any information on a federal law concerning forcible rape.

Prison rape, yes... statutory rape, yes... but no forcible rape involving non-imprisoned adults.

Is anyone out there better at online searching than I am, or is there just no federal law against/dealing with rape (incapacitated, disabled, in a situation where you are unable to give consent, etc.)?
Click to expand...

That pretty much defines rape doesn't it?? 😕 If it took place on federal premises it might matter, but I'd guess that rape laws would vary by state.
Click to expand...

I believe there's a difference between being unable to give consent (i.e. heavily intoxicated, mentally disabled, etc.) and being able to, and actively choosing not to give consent (i.e. while fully alert/conscious).
 
<--- Longtime JAG and former Special Assistant US Attorney

The reason there is no federal rape law is that the Constitution limits the authority of the federal government to federal matters (i.e., between the states or between the US and another nation). Accordingly, federal criminal law only applies to federal offenses (which typically involve interstate commerce like the mails or the Internet, crossing state borders, or harming federal employees or property). Also, the federal courts have jurisdiction over offenses committed on federal property, like military installations or post offices (state courts have no jurisdiction over acts on federal property).

Where the federal government wants to prosecute crimes for which there is no federal law, because they take place on federal property, they can apply the law of the host state under the Assimilative Crimes Act at 18 USC sec. 13 (so that, for example, a rape committed by a civilian on Fort Lewis in Washington can be prosecuted in federal court, using Washington law).
 
Originally posted by: DonVito
<--- Longtime JAG and former Special Assistant US Attorney

The reason there is no federal rape law is that the Constitution limits the authority of the federal government to federal matters (i.e., between the states or between the US and another nation). Accordingly, federal criminal law only applies to federal offenses (which typically involve interstate commerce like the mails or the Internet, crossing state borders, or harming federal employees or property). Also, the federal courts have jurisdiction over offenses committed on federal property, like military installations or post offices (state courts have no jurisdiction over acts on federal property).

Where the federal government wants to prosecute crimes for which there is no federal law, because they take place on federal property, they can apply the law of the host state under the Assimilative Crimes Act at 18 USC sec. 13 (so that, for example, a rape committed by a civilian on Fort Lewis in Washington can be prosecuted in federal court, using Washington law).
Click to expand...

Excellent, informative reply, DonVito. Exactly what I was looking for, many thanks. :wine:
 
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