What is the penalty for rape under U.S. law?

Depending on the severity of the case, the most severe penalty is death.

1. Because the United States implements a state legal system, different states will lead to different laws.

2. The maximum penalty in the United States is death or life imprisonment. The laws are different in every state in the United States, so generalizations cannot be made. In the United States, sentencing for rape varies in different circumstances.

Extended information:

1. China's legal penalties:

1. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

2. Anyone who falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty:

(1) Rape of women or rape of underage girls;

(2) Rape women or rape young girls in large numbers;

(3) Rape women in public in public places;

(4) Two or more people Gang rape;

(5) Causing serious injury or death to the victim or causing other serious consequences.

3. Punishment for the crime of women instigating or assisting men in committing rape: Women who instigate or assist men in committing the crime of rape are deemed to be guilty of the same crime and should be characterized according to their role in the crime of rape. Those who are instigators or accomplices shall be punished in accordance with the relevant provisions of the criminal law.

4. The crime of rape of a young girl: If the offender knowingly knows that the girl is under the age of fourteen and has sexual relations with the girl, regardless of whether the girl is voluntary or not, the crime shall be in accordance with the second paragraph of Article 236 of the Criminal Law. It stipulates that the crime of rape is convicted and punished; if the perpetrator truly does not know that the other party is a young girl under the age of fourteen, and both parties have consensual sexual relations without serious consequences, and the circumstances are obviously minor, it is not considered a crime. .

5. Paragraph 5 of Article 52 of the "Law on the Protection of Disabled Persons" stipulates that adultery with a disabled person who is unable to recognize his own behavior due to intellectual disability or mental disorder shall be considered as rape and shall be treated as rape in accordance with Article 13 of the Criminal Law. Criminal liability shall be pursued in accordance with Article 19.

6. Aggravating circumstances for the crime of rape:

① The circumstances of raping a woman or raping a young girl are egregious;

② Raping a woman or raping a young girl or more than one person; ( Three or more people)

③ Rape women in public places; (Note:

④ Rape women in public places: women in item A Not a young girl; item B must be in public in a public place; item C does not include public) (Note: the "two" in item A does not refer to a young girl; item B must be in public in a public place; C Items here are not included in public): A The "two people" here do not refer to special forms of rape, so if a 17-year-old man and a 13-year-old boy gang-rape a woman, the 17-year-old man must bear the responsibility Responsibility for gang rape of two or more people; B attempted gang rape (B attempted gang rape shall be convicted with ordinary constituent elements, and attempted gang rape shall be sentenced with aggravated constituent elements)

⑤ Causing serious injury, death or other serious consequences to the victim. (Note: "Cause" here includes intentionality and negligence, but the rape must have a direct causal relationship with the aggravated result, so rape causing suicide is a discretionary circumstance, not a statutory aggravated result).

2. Sentencing:

1. The crime of rape is a traditional crime that violates citizens’ personal rights and occupies an important position in our country’s criminal law. According to my country's criminal law, anyone who commits rape shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

2. If the circumstances are abominable; if multiple people are raped; if there is rape in public in a public place; if two or more people are gang-raped; if the rape causes serious injury, death or other serious consequences to the victim, he shall be sentenced to ten years in prison. above fixed-term imprisonment, life imprisonment or death penalty. Anyone who rapes a young girl under the age of fourteen shall be severely punished.

Three criminal law provisions:

1. Article 236: Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Anyone who rapes a young girl under the age of fourteen shall be severely punished for the crime of rape.

2. Anyone who commits adultery against a woman or young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death:

(1) The circumstances of adultery against a woman or young girl are abominable.

(2) Rape women and rape young girls.

(3) Rape women in public places.

(4) Gang rape by two or more people.

(5) Causing serious injury or death to the victim or causing other serious consequences.

D. Examples of extraterritorial legislation:

1. On July 30 and August 6, 2018, the Indian Lok Sabha (lower house) and the federal house (upper house) passed the "Criminal Law (Amendment) Bill 2018", requiring the Rape of a girl under the age of 12 carries a harsher penalty, with a minimum penalty of 20 years in prison and a maximum penalty of life imprisonment or death. In addition, all rape case investigations and trials must be completed within two months, while the time limit for processing appeals in rape cases is six months; there is no provision for prior bail for suspects accused of rape or gang rape of girls under the age of 16, etc. wait.

Baidu Encyclopedia - Rape