Second Degree Rape

What Is The Difference Between First-degree And...

New postby Rufina » 25 Oct 2012, 23:25

What is the difference between first-degree and second-degree rape?

There's a trial in my hometown, and this guy is being tried on 13 felony charges of second-degree rape, 5 counts of bribery, 2 counts of perjury, and other counts that add up to a total of 35 felony charges. What's the difference between first- and second-degree rape? Rape is rape, isn't it?
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New postby Shanice » 25 Oct 2012, 23:25

The difference in first and second degree, under the law, is that first degree is premeditated, it was basically thought about and planned ahead of time, while second degree doesn't have the planning element, but was committed on a whim.
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Can some one be convicted of second degree rape using...

New postby Shaun » 25 Oct 2012, 23:25

Can some one be convicted of second degree rape using emails as evidence?

Is there any thing that can be used to prove emails aren't liable in court?
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New postby Bud » 25 Oct 2012, 23:25

E-mail contents have as much reason as any other evidence to provide infomation as to the existence of a crime or the purpatrator(s) of the crime.

It is a secondary source of information as opposed to direct testimony and it may be used to contradict or support oral testimony or direct attention to other or additional sources of information.

In reviewing substantive contents with respect to any crime, it may contain information that might be considered
more prejudicial than probative or contain information that could be construed as a declaration against the interest of the individual making such statement..

Yes, e-mails may be introduced into evidence and considered on their own terms for the accuracy of the information portrayed. Notwithstanding, other evidence will likely be more significant in establishing both guilt and evidence and the relative evidentiary value of e-mail submissions in your proceedings.

It is difficult to be more specific without knowledge of the case circumstances and e-mail contents.
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I am being with charged with second degree rape in...

New postby Kandace » 25 Oct 2012, 23:25

I am being with charged with second degree rape in oklahoma. I was over 24 and she was over 16. What statute?

I can find no state statute, law, or ammendment that says that there is a minimun age difference between someone over the legal age of consent and the person being accused of the crime. It was with consent and no one denys that. Why am I still being charged and going before a jury trial?
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New postby Jefferey » 25 Oct 2012, 23:25

So you are a bag of french fries short of a happy meal. What does "over 16" mean? Any reason you don't want to give valid ages for your question. If you are 35 (over 24) and she is 16 and a day, you seduced her and committed statutory rape. Why not pick on girls in your own age group?

You could end up with having to register as a sex offender for LIFE which will affect your job opportunities, your living opportunities etc. Serves you right.
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What does second degree rape mean?

New postby Casandra » 25 Oct 2012, 23:25

What does second degree rape mean?
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New postby Tawna » 25 Oct 2012, 23:25

Rape in the second degree.


(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

(a) By forcible compulsion;

(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;

(c) When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:

(i) Has supervisory authority over the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;

(e) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:

(i) Has a significant relationship with the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.

(2) Rape in the second degree is a class A felony.
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.44.050

Hope this helps!
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What is "second" degree rape?

New postby Betsy » 25 Oct 2012, 23:25

What is "second" degree rape?
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New postby Cory » 25 Oct 2012, 23:25

The exact definition will vary from state to state. Usually it refers to sexual intercourse with a victim who is incapable of consent (e.g. physically helpless or mentally incompacitated), in contrast to first degree rape in which there is physical force, threat of injury, or other duress.
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