Sexual Assault Statutes in the United States State Statute Physical Contact: Classification of Mental State Required Forcible Compulsion / Consent / Incapacity Element Breakdown Crime Alabama AL ST § 13A-6-61 Rape 1st degree: Rape 1st degree: no explicit mens rea Forcible compulsion 1 §13A-6-60 (1) He or she engages in sexual Class A felony requirement; general intent ; FORCIBLE COMPULSION. Physical force that overcomes §13A-6-61 intercourse with a member of the see Stokes v. State, 648 So.2d earnest resistance or a threat, express or implied, that §13A-6-62 opposite sex by forcible 1179 (Ala. Crim. App. 1994) places a person in fear of immediate death or serious §13A-6-63 compulsion; or (approving general intent as physical injury to himself or another person. §13A-6-64 (2) He or she engages in sexual necessary mental state). §13A-6-65 intercourse with a member of the Incapacity: §13A-6-65.1 opposite sex who is incapable of MENTALLY DEFECTIVE. Such term means that a person §13A-6-66 consent by reason of being suffers from a mental disease or defect which renders him §13A-6-67 physically helpless or mentally incapable of appraising the nature of his conduct. §13A-6-70 incapacitated; or (3) He or she, being 16 years or MENTALLY INCAPACITATED. Such term means that a person older, engages in sexual is rendered temporarily incapable of appraising or intercourse with a member of the controlling his conduct owing to the influence of a narcotic opposite sex who is less than 12 or intoxicating substance administered to him without his years old. consent, or to any other incapacitating act committed upon him without his consent. nd Rape 2nd degree: Rape 2 degree: Class no explicit mens rea PHYSICALLY HELPLESS. Such term means that a person is sexual intercourse when B felony requirement; general intent unconscious or for any other reason is physically unable to perpetrator is > 16 years old and communicate unwillingness to an act. victim is older than 12 and less than 16 and the perpetrator is > 2 Consent defined: years older than the victim OR § 13A-6-70. Lack of consent. with person “incapable of consent by reason of being (a) Whether or not specifically stated, [lack of consent] is mentally defective” an element of every offense defined in this article, with the exception of [deviate sexual intercourse with another st Sodomy 1st degree: Sodomy 1 degree: no explicit mens rea person under circumstances [not] covered by [§ 13A-6-63 deviate sexual intercourse by Class A felony requirement; general intent Sodomy in the first degree] and [§ 13A-6-64. Sodomy in forcible compulsion OR the second degree.]. with a person “incapable of consent” because the person is (b) Lack of consent results from: “physically helpless” or (1) Forcible compulsion; or (2) Incapacity to consent; or 1 When no mens rea appears explicitly in the statute there is a presumption that general intent applies where the actus reus proves the mens rea. 1 A joint project of the National Crime Victim Law Institute and the National Women’s Law Center © 2015 National Crime Victim Law Institute Last updated before 2006 (updated version forthcoming) Sexual Assault Statutes in the United States State Statute Physical Contact: Classification of Mental State Required Forcible Compulsion / Consent / Incapacity Element Breakdown Crime Alabama “mentally incapacitated” OR (3) If the offense charged is sexual abuse, any continued if the perpetrator is > 16 years circumstances, in addition to forcible compulsion or old and the victim is < 12 years incapacity to consent, in which the victim does not old expressly or impliedly acquiesce in the actor's Sodomy 2nd degree: no explicit mens rea conduct. Sodomy 2nd degree: Class B felony requirement; general intent deviate sexual intercourse when (c) A person is deemed incapable of consent if he is: perpetrator is > 16 years old and (1) Less than 16 years old; or victim is > 12 years old and < 16 (2) Mentally defective; or years old OR (3) Mentally incapacitated; or with a person who is “incapable (4) Physically helpless. of consent by reason of being mentally defective” Sexual misconduct: Sexual misconduct: no explicit mens rea if male: “he engages in sexual Class A misdemeanor requirement; general intent intercourse with a female without her consent” or where her consent was obtained by fraud or artifice OR if female: “she engages in sexual intercourse with a male without his consent” OR either male or female: engages in deviate sexual intercourse (consent is irrelevant) Sexual torture: Sexual torture: specific intent: “with the Class A felony intent to sexually torture or to penetration of the vagina, anus or mouth with an inanimate object sexually abuse” by “forcible compulsion” OR with a person “incapable of consent” because of “physical helplessness or mental incapacity” OR with a who is < 12 years old when the perpetrator > 16 years 2 A joint project of the National Crime Victim Law Institute and the National Women’s Law Center © 2015 National Crime Victim Law Institute Last updated before 2006 (updated version forthcoming) Sexual Assault Statutes in the United States State Statute Physical Contact: Classification of Mental State Required Forcible Compulsion / Consent / Incapacity Element Breakdown Crime old Alabama continued Sexual abuse 1st degree: st subjecting a person to sexual Sexual abuse 1 no explicit mens rea contact “by forcible compulsion” degree: Class C felony requirement; general intent OR when a person is incapable of consent because “physically helpless or mentally incapacitated” OR when the victim is < 12 years old and the perpetrator > 16 years old Sexual abuse 2nd degree: nd subjects a person to sexual Sexual abuse 2 no explicit mens rea contact and the person is degree: requirement; general intent incapable of consent for some Class A misdemeanor reason other than being <16 unless this offense is years OR the second sexual when the perpetrator is > 19 offense committed years old and the victim is > 12 within one year, then years old, but < 16 years old Class C felony Alaska AK ST Sexual assault 1st degree: Sexual assault 1st mens rea is not explicit and Consent §11.41.410 sexual penetration without degree: Unclassified appears to be different for “sexual penetration without consent” §11.41.420 consent OR felony different subsections; in the §11.41.425 “causes serious physical injury” first subsection, no explicit Incapacity while attempting sexual mens rea requirement; general “offender knows [the victim] is mentally incapable” penetration without consent OR intent; but see Reynolds v. “offender knows [the victim] is incapacitated” sexual penetration with person State, 664 P.2d 621 (Alaska “who is in the offender’s care” the perpetrator knows is Ct. App. 1983) (holding “offender knows [the victim] is unaware that a sexual act is “mentally incapable” and is “in recklessness to be necessary being committed” the offender’s care by authority mental state where statute is of law” or in a facility/program silent); in the second required to be “licensed by the subsection, it appears to be recklessness; in the third and 3 A joint project of the National Crime Victim Law Institute and the National Women’s Law Center © 2015 National Crime Victim Law Institute Last updated before 2006 (updated version forthcoming) Sexual Assault Statutes in the United States State Statute Physical Contact: Classification of Mental State Required Forcible Compulsion / Consent / Incapacity Element Breakdown Crime state” OR fourth subsections, it appears “sexual penetration with a person to be knowingly who the offender knows is unaware that a sexual act is being committed” and the perpetrator is a health care worker and the act occurs “during the course of Alaska continued professional treatment of the victim” Sexual assault 2nd Sexual assault 2nd degree: degree: Class B felony sexual contact without consent OR sexual contact with person the perpetrator knows is “mentally incapable” and is “in the offender’s care by authority of law” or in a facility/program required to be “licensed by the state” OR sexual penetration with a person the perpetrator knows is “mentally incapable; incapacitated; or unaware that a sexual ac is being committed” OR “sexual contact with a person who the offender knows is unaware that a sexual act is being committed” and the perpetrator is a health care worker and the act occurs “during the course of professional treatment of the victim” rd Sexual assault 3 4 A joint project of the National Crime Victim Law Institute and the National Women’s Law Center © 2015 National Crime Victim Law Institute Last updated before 2006 (updated version forthcoming) Sexual Assault Statutes in the United States State Statute Physical Contact: Classification of Mental State Required Forcible Compulsion / Consent / Incapacity Element Breakdown Crime Sexual assault 3rd degree: degree: Class C felony sexual contact with a person the perpetrator knows is “mentally incapable; incapacitated; or unaware that a sexual act is being committed” OR sexual penetration with a person committed to custody in the Alaska continued Department of Corrections and the perpetrator is employed in that facility 5 A joint project of the National Crime Victim Law Institute and the National Women’s Law Center © 2015 National Crime Victim Law Institute Last updated before 2006 (updated version forthcoming) Sexual Assault Statutes in the United States State Statute Physical Contact: Classification of Mental State Required Forcible