Three Degrees of Rape

From television to movies to books to media coverage, rape is a highly publicized legal topic.  Unfortunately, one report noted that a woman is raped every two minutes in the United States.  Rape is defined as unlawful intercourse without a person’s consent, usually by an act of force or threats.  The rape allegations surrounding New York Giants linebacker Lawrence Taylor and a fifteen year old girl are all over the news these days. (see here, here, and here)  What I didn’t understand in my initial read of the charges was that he was charged with third degree rape. 

I had no idea there were degrees of rape, because based on the definition, there seems to be only one type.  Wrong. There are, in fact, different degrees and types of rape.  The degree of offense and corresponding sentence depends upon the alleged force used to perpetrate the offense, position of the alleged perpetrator to the alleged victim, injuries sustained by the alleged victim, and the age of both the alleged perpetrator and alleged victim. In the case of Taylor, he was charged with third degree rape based on the age of his alleged victim and her inability to consent to intercourse with Taylor. 

The degree of rape an individual is charged with makes a HUGE difference in the sentencing.  Many charged with any degree of rape must register as a sex offender (depending on the state), which makes public the individuals name, address, and convictions.  Such publication can be incredibly limiting to the individual's chance to rehabilitate, find work and housing.

Most recently, courts are rethinking the effect that such a label can have on future opportunities. The Supreme Court of England ruled on a case dealing with whether individuals should not be kept on the Sex Offenders' Registery for life without the possibility of review.  One commentator noted that, “It would be dangerously naïve to imagine that every sex offender will repent and change. But it would be equally simplistic and damaging to assume that none ever can or will.”  One party to the case was eleven years old when he raped a peer and, still a child, cannot play in middle school sports or attend private school.

Unfortunately, for those charged with statutory rape (or rape in the third degree), ignorance of a victim’s age is no defense. It is interesting to look at the trends and approaches that other countries take to the same social and legal challenges that we as a society face.  In the United States, many have argued that the publication of the sex offender’s residence and past convictions is a type of cruel and unusual punishment and an invasion of privacy.  Although I think such a characterization may be a bit extreme given the gravity of a sex crime, I do think that people need to have a chance to reform and make amends with themselves and society.

By: Violet Petran