(October 18, 2014 at 5:58 pm)Jenny A Wrote: Most states do differentiate between rapes of various degrees, but the kind of scenarios in this thread are not how they make the distinction. The scenarios discussed in this thread or more like excuses for the perp's behavior. That kind of consideration shows up at sentencing if at all and not in distinguishing between levels of felony.Great reply thanks.
For first degree rape many states require force with a weapon; or after breaking into a house; or that includes torture or perversion. The age of the victim and whether the victim is mental retarded sometimes also push rape into the first rather than the second degree. Third degree rape usually involves force of the employment or blackmail variety rather than physical force. Sometimes statutory rape is defined as rape in the second or third degree. Sometimes whether statutory rape is 1st or 2nd degree hinges on whether the perp knew or should have known the age of the victim. It all depends on the particular state's law.
I don't think that having 1st through 3rd degree rape belittles the suffering of the victim. It simply acknowledges that bad can be worse.
I'm in the UK and thinking about a pro footballer who had a smitten, drunken fan in a hotel room.
It's interesting that you mention that the suffering of the victim might be important, because that suggests, potentially the sentencing is on it's head.... what if the abducted rape victim who's been raped for 20 years by her abductor, might actually enjoy some of the sex?
(don't beat me up, I'm pushing boundaries and playing devils advocate in a greatly interesting thread, I'm still on your side on the whole!)
