What is Rape by Force?
Rape by Force is one of the most serious felony offenses known to the law. Rape by Force is nonconsensual sexual intercourse that is most commonly consummated by forceful vaginal penetration, or otherwise described as forcing a woman to have sexual intercourse
against her will. However, there are other forms of Rape by Force. Examples include forceful anal and/or oral sodomy. Rape by Force can occur by a man against a woman or a man against a man. Though infrequently reported or prosecuted, Rape by Force
can also theoretically occur by a woman against a man or woman against another woman. It may also occur by an adult against a minor or child. Forceful penetration occurs however slight the penetration may have been. Penetration may also be penile, meaning
by a male with the penis; digitally, meaning by the offender with her or her finger; and with some type of object.
The law recognizes certain defenses to Rape by Force. The most common defense is Consent. This defense provides that Rape by Force cannot occur where the alleged victim consented to sexual penetration with the alleged offender. Another recognized defense
is Mistake of Fact. This defense may apply either in the absence of or in conjunction with a Consent defense. Mistake of Fact provides that though the alleged victim may not have actually consented to the sexual penetration, the alleged offender mistakenly
believed in his her mind that there was consent. Mistake of Fact may be established from facts and circumstances surrounding the parties and their sexual conduct. Examples include, but are not limited to the alleged victim’s statements, actions, clothing,
body language and overall demeanor. Mistake of Fact may also be established by the alleged victim’s failure to express lack of consent, or from past, consensual sexual conduct or relations between the alleged offender and victim.
If you have been charged with Rape by Force, it is important to seek legal representation immediately in order to protect your rights and minimize the impact that a charge of his nature may have on your life.
If you have been charged with rape by force and need expert legal representation, contact the RI/MA defense attorneys at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.