Rape is any act of non-consensual sexual penetration.

 It doesn’t matter if the victim was

raped by force or only under duress, the crime is still rape. An individual may be
charged with the crime of rape or other specific types of rape such as statutory rape,
date rape, gang rape, incestual rape, prison rape or marital rape. A person who
rapes (a rapist), can be either a male or a female. A rape victim can also be a male or a
female. Rape can include vaginal intercourse, anal intercourse, oral sex or penetration
with any object or body part. Any degree of penetration is sufficient to constitute rape,
ejaculation is not required. Moreover, in many jurisdictions each penetration is a new
rape and could result in consecutive sentences.    

Consent or lack thereof, is one of the main elements of the crime of rape. Statutory rape
is committed even when a minor under the age of consent willingly engages in a sexual
act with the adult, because the minor is unable to legally consent. An intellectually
disabled person is also legally incapable of consenting to sex. In the context of other
types of rape, whether or not there was consent to sexual penetration will be derived by
the facts particular to each case.  

Consent is the most common defense to rape charges. Both the actions and the
statements of the victim will be assessed for consent. However, it is important to know
that a victim does not necessarily consent to sexual penetration just because he or she
did nothing to stop it. Even if an individual at first consents to the sexual act, he or she
may withdraw consent at any time. Further, there must be consent to every sexual act –
just because an individual consented in the past, doesn’t mean he or she cannot
withdraw this consent to future acts. Finally, it is important to remember that the defense
of consent is unavailable in situations in which the rape victim is unable to consent
legally, as in a statutory rape.

Types of Rape.

1. Diminished Capacity Rape

- The type of rape known as diminished capacity rape is committed when one person
forces sexual penetration on another person who cannot consent to the sex act. People
with diminished capacity can't consent to sexual acts due to limited physical or
intellectual ability. An example would be a person with an intellectual disability.

Diminished capacity rape also takes place when a person has no ability to consent to
sexual acts due to intoxication.
2. Age – Related Rape (statutory rape)
- This type of rape is often known as statutory rape as specified both in federal and
state law. In this case, sexual actions with a person below a minimum age is considered
illegal in all cases. Often this age is 12. There is often another age, known as the age of
consent. Sexual acts with a person above the minimum age but below the age of
consent may be considered rape depending on the perpetrator. Specific ages are
specified by state.

3. Incestual rape
- Incest is a type of rape dictated by the relationship between the two parties. When the
two parties involved in the sex act are closely related (in other words, they are family), it
is often rape. Examples of incest include:

- Parents and children

- Uncles and nieces or nephews

- Aunts and nieces or nephews

4. Partner Rape (marital rape)

- also known as spousal rape or marital rape, is a type of rape involving a person's
partner or previous partner (no matter whether the partners are married). There are
three types of partner rape:

Battering rape – involving both physical and sexual violence

Force-only rape – involving the imposition of power and control over another

Obsessive/Sadistic rape – involving torture and perverse sexual acts

5. Acquaintance Rape (date rape)

- This type of rape happens between two people that know each other. Often
acquaintance rape is known as "date rape" as the two people involved may be in a
social relationship at the time. Some victims don't recognize acquaintance rape as rape
but it's important to remember that consent for sexual activity can be revoked at any
time and a prior relationship does not mean that rape cannot occur.

Two-out-of-three sexual assaults are committed by someone the victim knows

6. Aggravated Rape
- Aggravated rape is a type of rape defined in the law. Aggravated rape involves:

- Forced sex acts by the threat of death or serious bodily injury

- Forced sex acts involving an unconscious or drugged victim

- Sex acts with children under the age of 12

7. Gang rape
- a group of people forces a person to have sexual intercourse with a number of
offenders against their will.

8. Prison Rape
- commonly refers to the rape of inmates in prison by other inmates or prison staff.