What is the Legal Definition of Rape?
LexInter | September 17, 2019 | 0 Comments

What is the Legal Definition of Rape?

Paragraph 1: Rape

Article 222-23

Any act of sexual penetration, of whatever nature, committed on the person of another by violence, coercion, threat or surprise is rape.
Rape is punished by fifteen years of criminal imprisonment.
Article 222-24
Rape is punished by twenty years of criminal imprisonment:

1 ° When it has resulted in dismemberment or permanent disability;

2 ° When it is committed on a minor of fifteen years;

3 ° When it is committed on a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator;

4 ° When it is committed by a legitimate, natural or adoptive ascendant, or by any other person having authority over the victim;

5 ° When it is committed by a person who abuses the authority conferred on him by his functions;

6 ° When it is committed by several people acting as perpetrator or accomplice;

7 ° When committed with the use or threat of a weapon;

8 ° When the victim has been put in contact with the perpetrator through the use, for the dissemination of messages to an undetermined audience, of a telecommunications network;

9 ° When it was committed because of the sexual orientation of the victim;

10 ° When it is committed in conjunction with one or more other rapes committed on other victims;

11 ° When it is committed by the spouse or partner of the victim or the partner linked to the victim by a civil solidarity pact;

12 ° When it is committed by a person acting in a state of obvious intoxication or under the obvious influence of narcotics.

Article 222-25
Rape is punishable by thirty years of criminal imprisonment when it results in the death of the victim.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.
Article 222-26
Rape is punished with life imprisonment when it is preceded, accompanied or followed by torture or acts of barbarism.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

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