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What is the definition of rape?

Rape is a serious accusation and rape charges carry significant potential penalties and consequences. Rape is defined as non-consensual sexual intercourse through physical force, threat of injury or duress. In today's legal system, the crucial element of a rape charge is the victim's lack of consent to intercourse. It is important to keep in mind that a victim may be unable to consent due to the influence of drugs or alcohol.

In addition, it is also important to keep in mind that rape can take place when the parties have a pre-existing relationship which is sometimes referred to as date rape. Rape can also occur between spouses. Rape charges require some form of sexual penetration. In addition, another category of rape is statutory rape which refers to sexual intercourse with a minor and can be charged whether or not the parties consented to sexual intercourse.

Accusations and allegations of rape and rape charges can have significant consequences for accused individuals. Rape charges can potentially result in a loss of freedom and tremendous personal and professional consequences. Rape charges and accusations can also impact educational opportunities. As a result, it is important for individuals accused of committing rape to be familiar with criminal defense options.

Criminal defense rights and protections are in place to protect any and all individuals accused of crimes and may focus on challenging alleged evidence against the accused individual or other aspects of the alleged case against the accused individual. Being faced with rape charges can be understandably alarming which is why accused individuals should be familiar with their criminal defense rights and protections.

Source: Criminal.findlaw.com, "Definition of Rape," Accessed Sept. 15, 2017

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Haller & Imbarlina, P.C.
20120 Route 19, Suite 208
Gigliotti Plaza
Cranberry Township, PA 16066

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