When most people think of rape, they think of a woman being forced to have sex with a male stranger. That’s just one of the most common myths about rape. In reality, this sex crime does not always require force (rape of an unconscious person and statutory rape are just two forms of sexual assault that do not involve force or fear), it can involve two people who know each other very well (spouses can even rape one another) and it does not always involve a man harming a woman. If someone has been forced or coerced into sex without their full consent, they have been a victim of rape.
While it is true that most rapes are done by men and most victims are women, men can rape other men, women can rape other women and women can even rape men. While we previously wrote about an NFL cheerleader who faced statutory rape charges for having sex with a 15 year old boy, it’s worth reiterating that women can even rape men through force -although the situation is rare.
In fact, a woman in Montana has just been accused of hiding in her ex-boyfriend’s home and then forcing him to have sex with her as she threatened him with a machete. Oddly, the prosecutors in the case have chosen not to file rape charges against the woman although she is still being charged with aggravated burglary, assault with a weapon, unlawful restraint, criminal mischief and more.
While it is true that the man became aroused by seeing his ex nude and may have even been willing to have sex with her despite her behavior, he tried to stop the intercourse after he ejaculated but she bit him and then continued to have sex with him until he was no longer erect. But a person has the right to stop having sex at any point and when a partner ignores this request and continues to have sex after a person has revoked consent, rape has occurred. In fact, should this case occur in California, the woman likely would have faced aggravated rape charges since a weapon was used.
Aggravated rape is punishable by 15 to 25 years in prison. While a lawyer would probably be able to get the charges reduced to a regular rape charge since the victim did participate willingly at first, despite seeing the machete, she would still be facing 3 to 8 years just for the rape alone. In addition, the charges of aggravated burglary and assault with a deadly weapon would ensure she would almost certainly spend the next 20 years of her life in prison at a bare minimum. Also, rape also has a lifetime sex registration requirement.
Obviously cases like this are few and far between, but it’s a great example that proves rape does not always involve the stereotypical scenario we’re all familiar with. It is critical that anyone accused of any sex crime take the charges seriously and contact a criminal attorney as soon as they believe they are under suspicion. Do not forget there is no statute of limitations on rape charges, so even if the case happened a while ago, you still need a lawyer. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050.
Creative Commons Image by Gianluca