What is Second-Degree Rape?
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Author: Kathryn Kosmides
Survivor Advocate
Key Takeaways
- The classification of second-degree rape varies by state and is generally viewed as a lesser charge than first-degree rape
- The legal definition of second degree rape include factors like the victim’s incapacity, age, and the nature of the assault and can vary across each jurisdiction
- Penalties for second-degree rape can vary significantly across states, reflecting the differing legal interpretations and severity of the crime
What is Second-Degree Rape?
The legal definition of second-degree rape typically involves forcible compulsion, which generally means the use of overwhelming force and/or the threat of overwhelming force. Again, each state defines offense categories differently – but in general second-degree rape charges happen when a defendant is in a position of authority over the alleged victim, such as a boss, a healthcare provider, or teacher.
First-degree rape is a more severe offense than second-degree rape and typically involves not only forcible compulsion, it also includes the use or threatened use of a deadly weapon, kidnapping, infliction of serious bodily injury to the alleged victim.
In general, the degrees of all offenses goes from most severe (1) to least severe (4 or more). In other states, the crime of “second-degree rape” may not exist. Some states use the term “sexual assault” to denote acts that other states classify as second-degree rape, whereas others include it with first-degree and third-degree rape under one law.
The Justice Department updated the federal legal definition of rape in 2012 to be more gender-inclusive and recognize that consent is not implied by default. Today, the legal definition of rape is as follows: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
In addition, sexual assault, as defined by RAINN, is “sexual contact or behavior that occurs without explicit consent of the victim.” Sexual assault is sexual violence that happens when an actor engages in some kind of sexual activity without the victim’s consent. Rape, sodomy, incest, attempted rape, sexual battery, and other sexual conduct are examples of different types of sexual assault.
While any rape is a serious sex crime and severe violation of another person, state laws designate certain degrees or labels depending on the details of the assault. Individuals may want to label the type of harm that happened to them, but only a state prosecutor will be able to fully label the type of offense and press charges against an individual.
Second-Degree vs. Third-Degree Rape
In addition to the fact that rape laws and definitions of third- and second-degree rape vary from state to state, some states don’t use degrees to define the severity of laws related to sexual offenses.
Take, for example, the comparison of third- and second-degree rape laws in Kentucky and Louisiana.
| Rape Laws | Kentucky | Louisiana |
|---|---|---|
| Second-degree rape | Sexual intercourse with minors under 14 |
Forceful sexual intercourse without consent
Sexual intercourse with a victim incapable of resisting or understanding due to intoxication caused by a substance administered by the offender without the victim’s knowledge |
| Third-degree rape |
Sexual intercourse with minors under 17
Sexual intercourse with minors under 18 if the offender is in an authority position or providing a foster home |
Sexual intercourse without consent due to:
|
- What is Sexual Assault?
- What is Sexual Assault in the First Degree?
- What is Sexual Assault in the Second Degree?
- What is Sexual Assault in the Third Degree?
- What is Sexual Assault in the Fourth Degree?
- What is Rape?
- What is Rape in the First Degree?
- What is Rape in the Second Degree?
- What is Rape in the Third Degree?
- How to Report Sexual Assault
- How Long Does a Victim Have to Press Charges?
- Can I file a Sexual Assault Lawsuit?
Although the laws in Kentucky and Louisiana share the same terminology, the content of the laws is vastly different. Kansas, a state that doesn’t designate rape offenses by degree, has one category of rape and four categories of statutory rape:
- Rape
- Indecent Liberties with a Child
- Aggravated Indecent Liberties with a Child
- Criminal Sodomy
- Aggravated Criminal Sodomy
Every state is different – for example, Maine does not classify sex crimes as rape, rather they use the term “gross sexual assault.”
Penalties for Second-Degree Rape in the United States
The penalties for second-degree rape in the United States are as varied as their definitions.
Generally speaking, states that designate a crime as “second-degree rape” or “rape in the second degree” tend to carry associated penalties ranging from two to 28 years of imprisonment.
If you are not sure where to turn, RAINN can help.
Call 800-656-HOPE (4673) to talk confidentially with a trained professional from RAINN.
They can put you in touch with local resources and organizations that can help in your healing journey.
Definitions of Second-Degree Rape by State (The Legal Comparison)
The following overview allows you to compare the various laws for acts equivalent to second-degree rape in several American states. It lists the offense, a link to its statute, a summary of the offense, its category, and its associated penalty.
You can find the full legal definition of rape and sexual assault in your state by entering your state into RAINN’s State Law Report Generator.
Name of Crime/Charge: Rape second degree (victim 12-16)
Summary: Sexual intercourse with a victim when the offender is at least 16 and at least two years older than a victim who is at least 12 years old.
Category: Class B felony.
Penalty: Imprisonment for between two and 20 years and a fine of up to $30,000.
Name of Crime/Charge: Sexual assault in the second degree
Summary: 1) Nonconsensual sexual contact, 2) sexual contact with someone who is mentally incapable and in the offender’s care by a legal authority or in a state-licensed program or facility, 3) sexual penetration with a victim who is either mentally incapable, incapacitated, or unaware a sex act is being committed, or 4) sexual contact with someone unaware of the sex act and another aggravating factor.
Category: Class B felony.
Penalty: Up to 99 years imprisonment, according to various ranges, and a fine of up to $100,000.
Name of Crime/Charge: Sexual assault
Summary: Arizona does not have first-, second-, and third-degree rape. It has a sexual assault law with a range of penalties. Nonconsensual sexual intercourse.
Category: Class 2 felony.
Penalty: Between 5.25 and 28 years imprisonment. The offender may receive life imprisonment if they inflicted serious physical injury or the victim was under 12 years old.
Name of Crime/Charge: Rape
Summary: Sexual intercourse 1) by force or when 2) the victim is physically or mentally incapable of consent, 3) the victim is under 14 years old, or 4) the victim is a minor and the offender is a relative or guardian.
Category: Class Y felony.
Penalty: Between 10 and 40 years imprisonment; life imprisonment for the forcible rape of a minor by an adult.
Note: Arkansas has one rape law and four sexual assault laws.
Name of Crime/Charge: Rape
Summary: Sexual intercourse under specific circumstances, such as the victim being unable to give consent due to a known disability or the act occurring by force, duress, or fear.
Additionally, all forms of nonconsensual sexual assault may be considered rape.
Category: Misdemeanor or felony, depending on factors.
Penalty: Up to life imprisonment, depending on aggravating factors.
Name of Crime/Charge: Sexual assault in the second degree
Summary: Sexual intercourse in specific situations, such as when the victim is between 13 and 16 and the offender is more than three years older, or the victim is impaired to the extent they cannot consent.
Category: Class C felony; Class B felony.
Penalty: One to 20 years imprisonment, depending on aggravating factors.
Name of Crime/Charge: Rape in the second degree
Summary: Sexual intercourse without the victim’s consent or sexual intercourse and an additional aggravating factor, such as penetration occurring without consent during, following, or to prevent reporting of a crime and the offender causing serious physical injury.
Category: Class B felony.
Penalty: Between 10 and 25 years imprisonment served at Level V.
Name of Crime/Charge: Sexual battery
Summary: Sexual penetration or union by another, not counting for medical purposes, without consent and in certain situations, such as the offender being less than 18, the victim being 12 or older, and the offender not using violence or physical force likely to cause serious personal injury.
Category: Felony in the second degree.
Penalty: Up to 15 years imprisonment and a fine of up to $10,000.
Name of Crime/Charge: Sexual assault
Summary: Sexual assault occurs in the following situations: 1) the offender has authority over the victim and commits sexual assault, 2) the offender is an actual or purported psychotherapist, and the victim is their subject, or 3) the offender engages in sexual contact with a victim receiving services from the offender or their facility.
Category: Felony.
Penalty: Between one and 25 years imprisonment or a fine of up to $100,000.
Note: Consent is not a defense. Enhanced policies exist for victims under 16. Georgia consolidates the crime of rape into a single offense.
Name of Crime/Charge: Sexual assault in the second degree
Summary: The offender knowingly subjects a victim to sexual penetration in specific situations, such as compulsion or a mentally incapacitated or physically helpless victim.
Category: Class B felony.
Penalty: Up to 10 years imprisonment.
Name of Crime/Charge: Rape
Summary: Sexual penetration in specific circumstances, such as the victim and offender being of certain ages or the victim being unable to give legal consent.
Category: Felony.
Penalty: One year to life imprisonment.
Name of Crime/Charge: Criminal sexual assault
Summary: Sexual penetration when the offender 1) uses force or a threat of force, 2) knows the victim cannot consent or understand the act, 3) assaults a minor family member under 18, or 4) is at least 17 and holds authority over the victim, and the victim is between 13 and 18 years old.
Category: Class 1 felony, with exceptions.
Penalty: Between four and 15 years imprisonment and a fine of between $75 and $25,000, with exceptions.
Note: Illinois has eight laws related to sex crimes, but none are titled “Rape.”
Name of Crime/Charge: Rape
Summary: Intentional sexual intercourse with a victim during specific situations, such as an offender compelling a victim by force or threat of force.
Category: Level 1 or 3 felony.
Penalty: Between three and 40 years imprisonment and a fine of up to $10,000.
Name of Crime/Charge: Sexual abuse in the second degree
Summary: The offender commits sexual abuse in the following situations: 1) the offender displays a weapon or threatening manner or threatens serious force, 2) the victim is a child, or 3) one or more persons assist the offender, and the offender commits the sex act against the victim’s will.
Category: Class B felony.
Penalty: Up to 25 years imprisonment.
Name of Crime/Charge: Rape
Summary: 1) Sexual intercourse with a nonconsenting victim or a victim incapable of consenting, 2) sexual intercourse with a victim under 14, or 3) sexual intercourse with consent gained through a misrepresentation.
Category: Felony.
Penalty: Up to 267 months imprisonment.
Note: There is one consolidated rape law in Kansas and several other sex crimes.
Name of Crime/Charge: Rape in the second degree
Summary: Rape occurs when an adult 1) has sexual intercourse with a victim under 14 or 2) has sexual intercourse with a victim incapable of consent due to mental incapacitation or an intellectual disability.
Category: Class C felony.
Penalty: Five to 10 years imprisonment.
Name of Crime/Charge: Second Degree Rape
Summary: Nonconsensual intercourse due to either 1) force or threats of violence or 2) intoxication by drugs or alcohol administered by the offender without the victim’s knowledge.
Category: Title III offense.
Penalty: Imprisonment for between five and 40 years with hard labor and no benefit of parole, suspension, or probation for at least two years.
Name of Crime/Charge: Gross sexual assault
Summary: Sexual acts with another when 1) the offender compels the victim to submit, 2) the victim is under 14 and not the offender’s spouse, 3) the victim is under 12 and not the offender’s spouse, or 4) other illegal actions are involved.
Category: Class A, B, or C crime.
Penalty: Up to 30 years imprisonment and a fine of up to $50,000.
Note: Maine has no laws titled Rape, but several laws regarding sexual misconduct.
Name of Crime/Charge: Rape in the second degree
Summary: Sexual acts with a victim 1) by force or threats and without consent, 2) knowing the victim is mentally incapacitated or physically helpless, or 3) when the victim is under 14, and the offender is four or more years older than the victim.
Category: Felony rape.
Penalty: Up to 20 years imprisonment.
Name of Crime/Charge: Rape
Summary: Sex against the victim’s will by force or threats.
Category: Felony.
Penalty: Up to 20 years or up to life imprisonment with aggravating factors.
Name of Crime/Charge: Criminal sexual conduct in the second degree
Summary: Sexual contact with certain aggravating factors, such as age, weapons, or blood relation.
Category: Felony.
Penalty: Up to 15 years imprisonment and up to lifetime electronic monitoring for certain aggravating factors.
Name of Crime/Charge: Criminal sexual conduct in the second degree
Summary: Sexual contact with an adult under certain circumstances, such as fear of imminent bodily harm, being armed, or causing personal injury under specific circumstances.
Category: Felony.
Penalty: Up to 25 years imprisonment and a fine of up to $35,000.
Name of Crime/Charge: Sexual battery
Summary: Sexual penetration under certain circumstances, such as nonconsent, age, or mental or physical incapacitation.
Category: Felony.
Penalty: Up to life imprisonment and fines of up to $10,000, depending on aggravating factors.
Note: There are other separate, narrowly focused rape laws, such as Rape; assault with intent to ravish.
Name of Crime/Charge: Rape in the second degree
Summary: Sexual intercourse without consent.
Category: Class D felony.
Penalty: Up to seven years imprisonment and fines up to $10,000.
Name of Crime/Charge: Sexual intercourse without consent
Summary: Nonconsensual sexual intercourse or sexual intercourse with a victim who cannot consent.
Category: Felony.
Penalty: Depending on aggravating factors, the offender may receive maximum penalties of up to $50,000 in fines, up to life imprisonment, or capital punishment. Some offenders may also be subject to chemical treatment.
Name of Crime/Charge: Sexual assault in the second or third degree
Summary: Sexual contact 1) without consent or 2) knowing the victim was incapable of resisting or understanding the nature of the sexual conduct.
Category: Class IIA felony.
Penalty: Up to 20 years imprisonment.
Name of Crime/Charge: Sexual assault
Summary: 1) The offender subjects or forces the victim to engage in sexual penetration against their will, or the victim cannot resist or understand the nature of the act, or 2) the offender subjects a child under 14 years old to sexual penetration.
Category: Category A felony.
Penalty: Up to life imprisonment, depending on aggravating factors.
Name of Crime/Charge: Felonious sexual assault
Summary: Sexual contact with aggravating factors, such as the victim’s age, causing serious injury in addition to other factors, or using authority to coerce the victim.
Category: Class B felony.
Penalty: Imprisonment for up to seven years.
Name of Crime/Charge: Sexual assault in the second degree
Summary: Sexual contact or penetration under specific circumstances, such as the victim being under 18 or adult teacher-student relationships.
Category: Felony.
Penalty: Up to 10 years imprisonment.
Name of Crime/Charge: Criminal sexual penetration in the second degree
Summary: Sexual penetration in certain situations, such as by force, by coercion, or in the commission of another felony.
Category: Second-degree felony.
Penalty: A minimum of three years imprisonment.
Name of Crime/Charge: Rape in the second degree
Summary: Sexual intercourse with a victim under 15 years old or non-consensual intercourse due to mental disability or incapacitation.
Category: Class D felony.
Penalty: Up to seven years imprisonment.
Name of Crime/Charge: Second-degree forcible rape
Summary: Vaginal intercourse either by force and against the victim’s will or knowingly with a mentally incapacitated or physically helpless victim.
Category: Class C felony.
Penalty: Up to 182 months imprisonment.
Name of Crime/Charge: Sexual imposition
Summary: A sexual act or sexual contact where the offender compels the victim to submit or as part of a street gang initiation activity.
Category: Felony.
Penalty: Up to 10 years imprisonment and up to a $20,000 fine.
Name of Crime/Charge: Sexual battery
Summary: Sexual conduct under certain conditions, such as coercion, the victim being unaware of the act, or the victim being a minor.
Category: Third-degree battery, unless the victim is under 13 years old, which is second-degree battery.
Penalty: Third-degree battery includes up to 60 months imprisonment and a fine of up to $10,000. Second-degree battery includes up to eight years imprisonment and a fine of up to $15,000.
Name of Crime/Charge: Rape in the second degree
Summary: Oklahoma defines rape in the second degree to include all rape that it does not include in rape in the first degree. Rape is sexual intercourse with a nonspouse under certain circumstances, such as mental incapacitation, unconsciousness, or threats of force. Rape is also forced sexual intercourse between spouses.
Category: Felony.
Penalty: Up to 15 years imprisonment.
Name of Crime/Charge: Rape in the second degree
Summary: Sexual intercourse with a victim under 14.
Category: Class B felony.
Penalty: Up to 10 years imprisonment and up to $250,000 in fines.
Name of Crime/Charge: Sexual assault
Summary: Nonconsensual sexual intercourse without the aggravating factors provided in the first-degree rape statute.
Category: Second-degree felony.
Penalty: Up to 10 years imprisonment.
Name of Crime/Charge: Sexual assault in the first degree
Summary: Sexual contact under specific circumstances, such as the offender knowing the victim is mentally incapacitated or physically helpless, use of force or surprise, or sexual gratification through purported medical examinations.
Category: Felony.
Penalty: Up to 15 years imprisonment.
Name of Crime/Charge: Criminal sexual conduct in the second degree
Summary: The offender uses aggravated coercion to sexually batter the victim.
Category: Felony.
Penalty: Up to 20 years imprisonment.
Name of Crime/Charge: Rape
Summary: Sexual penetration accompanied by certain circumstances, such as force, knowing the victim did not consent, or the offender accomplishing the act by fraud.
Category: Class B felony.
Penalty: Up to 30 years imprisonment and up to $25,000 in fines and community supervision for life.
Name of Crime/Charge: Sexual assault, second degree felony
Summary: Intentionally or knowingly engaging in nonconsensual sexual intercourse with a victim or engaging in specified sexual conduct with a child.
Category: Second-degree felony.
Penalty: Up to 20 years imprisonment and fines of up to $10,000.
Name of Crime/Charge: Rape
Summary: Nonconsensual sexual intercourse.
Category: First-degree felony.
Penalty: Up to life imprisonment if aggravating factors exist or life without parole if the offender was previously convicted of certain sexual offenses.
Name of Crime/Charge: Sexual assault
Summary: Sexual acts in certain situations, such as nonconsent, coercion, or drugging of the victim.
Category: Felony.
Penalty: Up to life imprisonment and up to $25,000 in fines, depending on criminal circumstances.
Name of Crime/Charge: Rape
Summary: Sexual intercourse against the victim’s will or by use of the victim’s mental incapacity or with a victim under the age of 13.
Category: Felony.
Penalty: Up to life imprisonment; aggravating factors can increase mandatory minimum sentencing.
Name of Crime/Charge: Rape in the second degree
Summary: Circumstances that are less than rape in the first degree but include aggravating factors, such as forcible compulsion or the victim being physically helpless.
Category: Class A felony.
Penalty: Up to life imprisonment and a maximum fine of $50,000.
Name of Crime/Charge: Sexual assault in the second degree
Summary: Sexual intercourse or sexual intrusion without consent or with a physically helpless victim.
Category: Felony.
Penalty: Up to 25 years imprisonment and up to $10,000 in fines.
Name of Crime/Charge: Second degree sexual assault
Summary: Sexual intercourse or sexual contact with aggravating circumstances, such as the use of force or causing physical or mental harm against a nonconsensual victim.
Category: Class C felony.
Penalty: Up to 40 years imprisonment.
Name of Crime/Charge: Sexual assault in the second degree
Summary: Sexual intrusion under certain circumstances that fail to qualify as sexual assault in the first degree, such as threatening future retaliation to incite submission.
Category: Felony.
Penalty: Up to 20 years imprisonment or up to life imprisonment with aggravating factors.
What Should I Do if I Think I Was Raped?
Rape is an extremely traumatic event that can have short and long term physical and emotional effects.
Here are some steps you should take if you have been raped:
If you are currently in danger, call 911. We understand that you may not feel comfortable calling 911 or interacting with the police. However, if you are in immediate physical danger and need immediate assistance, dial 911.
If you are no longer in immediate physical danger, you have options available to you
- Get to a safe location, away from your attacker. Call someone you can trust and go to them or have them meet you. Getting to safety and feeling secure and supported is important after experiencing rape.
- Get medical attention. Many victims’ first instinct is to clean themselves after beign rape, but if you can, you should wait to shower and/or use the bathroom until you have received medical attention. This can help you preserve evidence. Evidence will be crucial should you decide to file a police report. Understand that seeking medical attention doesn’t mean you must notify the police of your rape. It’s important for your health to see a medical professional that can assess any physical injuries you may have and test for sexually transmitted infections. You can also get a sexual assault forensic exam, also known as a rape kit. If you think you might have been drugged, let the medical staff know immediately, so they can screen your blood.
- Record your experience. Either write down what happened to you or ask a friend to help you record your account of the rape. This can include writing down who was involved, their contact information, what happened in your words before, during, and after the assault, and any other details you remember.
- Consider your legal options. You can contact a lawyer that specializes in rape and sexual assault causes to discuss the details of your case and learn about your legal options. You can usually set up a free consultation with a lawyer to see if they are a good match for you.
- Seek emotional support. Many survivors experience PTSD, depression, anxiety and other mental health struggles after the assault. You can contact the National Sexual Assault Hotline to talk to an advocate who can connect you with counseling services or a local support group to help you on your healing journey.
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