Under Louisiana rape law, offenses are categorized into different degrees based on severity. First-degree rape involves anal, oral, or vaginal sexual intercourse allegedly without the consent of the victim, often exacerbated by the victim’s age or the victim’s incapacity to provide for his or her own care. Second-degree rape, or forcible rape, occurs when the alleged victim resists and does not consent, but the offender commits the act with physical violence or coercion. Third-degree rape, formerly known as simple rape, occurs when the alleged victim’s incapacity leaves them either temporarily or permanently incapable of providing consent.
The Baton Rouge criminal defense attorneys at the Law Offices of Ossie Brown offer skilled defense for those accused of sexual battery or rape. Call 225-343-1111 or contact us online today.
Louisiana Rape Laws
In Louisiana, rape laws cover various offenses, including sexual battery. Rape and sexual battery charges also include the attempted perpetration of sexual acts, even if the act was not fully completed. Louisiana law defines consent issues where the alleged victim cannot resist due to the apparent power of the offender and situations when the alleged victim cannot physically assist in their own defense due to incapacity or disability.
If you’re facing sexual battery or rape charges, contact a Baton Rouge sex crime lawyer for a free consultation.
Statutory Rape (Carnal Knowledge of a Juvenile)
Statutory rape, or “carnal knowledge of a juvenile,” in Louisiana, occurs when an adult engages in sexual activity with a person who is under seventeen. Under Louisiana age of consent laws, underage individuals are unable to provide lawful consent to sexual activity. Additionally, even without sexual intercourse, indecent behavior with a juvenile in Louisiana can lead to serious penalties, including jail time and mandatory sex offender registration.
Call our Baton Rouge statutory rape lawyer group for a free case evaluation to learn about possible defenses.
Marital Rape
In Louisiana, marital rape is treated as a serious crime, just like rape involving non-married individuals. Consent is required in all sexual relationships, and being married does not exempt someone from rape charges if sexual intercourse occurs without the person’s lawful consent. Convictions can lead to severe penalties, including imprisonment, similar to other forms of sexual battery.
Date Rape
In Louisiana, date rape typically falls under second-degree rape because the victim’s incapacity, typically due to date rape drugs like Rohypnol or GHB, leaves them unable to consent. The absence of the victim’s consent is key since the offender takes advantage of the victim’s incapacitated state.
Sexual Battery
Sexual battery involves unlawful sexual contact with another person without their consent. In Louisiana, sexual battery charges encompass inappropriate touching or groping, whether through force or coercion. Sexual battery charges vary in severity based on the circumstances, such as the victim’s age or whether the act caused injury. Penalties for a sexual battery conviction include prison time, fines, and mandatory registration as a sex offender.
Aggravated Rape
Aggravated rape, or first-degree rape, is one of the most severe sex offenses in Louisiana. First-degree rape charges apply when the offender uses a dangerous weapon or causes great bodily harm to the victim during the act. First-degree rape can also involve cases of two or more offenders, as well as cases where the alleged victim’s consent doesn’t apply because of age or disability. Convictions for aggravated rape in Louisiana can result in life imprisonment without parole.
Is Rape a Felony in Louisiana?
Yes, under Louisiana’s laws, rape is a felony. Depending on the circumstances, charges can fall under first-degree rape, second-degree rape, or third-degree rape.
Minimum Sentence for Rape in Louisiana
The minimum sentences for rape in Louisiana depend on the specifics of the case, but typically, for provisions of this section committed after 2015, the following penalties apply
- First-degree rape: Life imprisonment without parole.
- Second-degree rape: 5 years (without parole, probation, or suspension of sentence).
- No minimum sentence for simple rape
Additionally, those convicted must comply with Louisiana sex offender registry requirements, which include a mandatory sex offender registration for life for second and first-degree rape and 25 years for third-degree rape.
First-Degree Rape Louisiana
First-degree rape in Louisiana is an offense defined as rape committed on a person sixty-five years or older or when anal, oral, or vaginal intercourse occurs without the victim’s consent under the following circumstances:
- The victim resists but is overpowered, is threatened with serious harm with apparent power of execution, or when the offender uses a dangerous weapon
- The victim is under 13 years old
- Two or more offenders participated in the act (physically assist or committing the act)
- The victim submits because the disabled person (a person unable to provide his or her own care or protection) is permanently incapable of consenting
- The offender commits the act during the perpetration or attempted perpetration of burglary offenses
If convicted of first-degree rape, under the provisions of this section, the offender faces life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
If the victim is under 13 and the district attorney seeks a capital verdict, offenders can be sentenced to the death penalty for rape in Louisiana, or life imprisonment with hard labor without benefit of parole, suspended sentence, or probation. Without a capital verdict, offenders can face life imprisonment with hard labor without the benefit of parole, suspended sentence, or probation. Under Code of Criminal Procedure Article 782, cases where punishment is necessarily confinement at hard labor apply.
In Louisiana, any reference to the crime of aggravated rape is the same as referencing first-degree rape, while each reference to the crime refers to the same offense laid out in the provisions of this section.
Second-Degree Rape Louisiana
Second-degree rape occurs when anal, oral, or vaginal sexual intercourse occurs without the victim’s consent under the following circumstances:
- The victim submits due to force or threats of physical violence or great bodily harm, and they reasonably believe that resisting would not prevent such act
- The victim’s incapacity is caused by narcotics or other substances administered without their knowledge, which hinders the person’s ability to resist or understand such act
If convicted, the offender faces 5 to 40 years imprisonment at hard labor without benefit of parole, probation, or a suspended sentence. If the district attorney seeks a harsher penalty, the sentencing guidelines may be influenced accordingly.
Under Louisiana law, forcible and second-degree rape are the same offense defined in the provisions of this section. In Louisiana, typically, any reference to the crime of second-degree is the same as referencing forcible rape.
Third Degree Rape Louisiana
Third-degree rape, also known as simple rape, happens when someone engages in anal, oral, or vaginal sexual intercourse without the lawful consent of the victim under the following circumstances:
- The person’s ability to resist or understand is hindered by drugs, alcohol, or another reason, and the offenders participated while knowing (or should have known) about the victim’s incapacity.
- The victim is temporarily or permanently incapable of understanding the act due to mental impairment, and the offender was aware of this.
- The victim submits to the act, believing the offender is someone else they know due to deception by the offender.
- The offender acts without the consent of the victim.
The punishment for third-degree rape is imprisonment for up to 25 years at hard labor without benefit of parole or probation.
Under Louisiana law, simple rape and third-degree rape are the same offense defined in the provisions of this section. In Louisiana, typically, any reference to the crime of simple rape is the same as referencing third-degree rape.
Louisiana Surgical Castration Law
As of August 1, 2024, judges can order surgical castration for those convicted of specific aggravated sex crimes against children under 13, including rape, incest, or molestation, under the Louisiana surgical castration law. Court-appointed medical experts must confirm the offender is a suitable candidate before judges can order the sexual castration, and offenders under 17 do not qualify for this penalty.
If an offender refuses the surgery, they would face an additional three to five years imprisonment without early release.
Statute of Limitations for Rape in Louisiana
The statute of limitations for rape in Louisiana includes:
- First and second-degree rape: No time limit
- Third-degree rape: Prosecution must begin within six years from the date of the offense.
- Attempted first-degree rape of a minor: Prosecution must begin within 30 years after the victim turns 18.
If DNA identifies a perpetrator after the statute of limitations has expired, the time limit may be extended by three years for certain cases.
How a Criminal Defense Lawyer Can Help With Rape Charges in Baton Rouge
If you’re facing rape or sexual battery charges, having a skilled defense team is critical. At The Law Offices of Ossie Brown, our experienced sex crime lawyers are dedicated to protecting your rights and providing the strong defense you need.
Call 225-343-1111 or contact us online.
