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Rape Questions

Rape is the act of sexually assaulting a person by one or more individuals without that persons consent. Rape is usually preformed by use of violent physical force, threats, coercion, by using authority as leverage or with an individual who is unable to give valid consent to a sexual act. Rape is a crime but one of the crimes that are seldom reported. The reason is usually the victim's fear and shame and uncertainty of the outcome. Below are a few of the more commonly asked questions about rape and rape punishment.

If a defendant pleas out for a lesser charge and the charge was rape Felony 1 victim under age of 10 yrs old, defendant was 17 yrs old. The agreement between the prosecution and defense was to charge with Felony 3. Can the judge come back and say this is not an acceptable charge and the defendant will get no less than a felony 2?

There is a chance that this could happen. Generally, the DA is in control of his/her cases, but the judge has the authority to change them. However, the judge will usually accept a DA's offer. There are cases where a judge may think that a plea bargain is too extreme or not strong enough and will have the authority to refuse the plea. In situations like this, the DA will agree to any decision that the judge makes or modify a plea to suit the judge's wishes.

I am a student from China and was raped by a fellow student who is also from china. He raped me and took nude photos of me. He then threatened me and left. I need to know if he will be punished by American government or be deported? Am I allowed to be compensated for the rape? Do I need an attorney to help sue the student? Should the university be responsible for compensating me for the rape?

The student can be charged and probably convicted of forcible rape as well as any other charges involved. If he is convicted, he will be eligible for deportation when USCIS is notified. If he is convicted, he would have to complete his sentence here in the US before being deported. If the student used a knife during the rape, he would be charged with Sexual Abuse in the second degree. Below is a section of the law relevant to rape:

“709.3 SEXUAL ABUSE IN THE SECOND DEGREE.
A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances:
1. During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person.”

This is a Class B felony with a potential prison sentence of up to 25 years.

After the student has been arraigned, you need to contact the prosecutor's office and speak with the prosecutor who will be dealing with the case. Explain to the prosecutor what you would like to happen with the case and voice your concerns. Usually, the prosecutor will consider your wishes when building the case against the defendant.

As far as compensation goes, you would have to hire a civil attorney to sue for damages. Criminal cases are designed to punish those who break the law. A civil lawyer will assist you in filing suit against the defendant as well as determining whether the university is liable for compensation. If the university is liable, the lawyer will file suit against them as well and you can sue both the defendant and the university.

My husband was arrested for a rape/sodomy charge from 1991 and they would not name the accuser on the warrant. Is there a way to find out who made these allegations and what can we do to prepare for this court date?

You will need to hire an attorney to represent your husband. Once you have an attorney, he/she can request all of the evidence from the prosecutor. This will include the police reports, reasons for arrest, and who made the claim of rape. There is no definite way to explain how to prepare for a case without knowing all of the facts. Your husband's attorney will be able to explain the plan of action once they have reviewed the discovery package from the prosecutor. It is up to the prosecutor to prove your husband's guilt beyond a reasonable doubt. This is no easy task for the prosecution. It will be in your husband's best interest that he doesn't talk to anyone about the case except the attorney and the employees in the attorney's office.

Rape is a serious crime. If you have questions about rape and rape penalties, you should contact an Expert who is familiar with rape law.
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