In the United States Uniform Code of Military Justice, Rape.
— Any person subject to this chapter who commits a sexual act upon another person by —
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or grievous bodily harm to any person;
(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may direct.
PUNISHMENTS
Sexual assault laws regarding rape and criminal sexual penetration usually define this conduct as a felony with serious penalties. Many states have degrees of the crime, such as a rape in the first and second degree, depending on the vulnerability of the victim, the type of force used, whether the rape resulted in serious bodily injury, and whether it was committed with a deadly weapon, such as a rape at gun point.
Sentences for rape can range from one year to even life in prison, depending on the provisions of each state’s
sentencing statute or sentencing guidelines,
the victim’s age or status,
and the circumstances of the crime.
Penalties:Imprisonment
Some states require a minimum prison sentence or require the court to impose a prison sentence without probation or early parole. In other states, the judge may have some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison.
Penalties:Treatment
A person convicted of a sex crime also will face penalties other than jail or prison. Sex offenders normally are required to undergo treatment either in jail or prison or as a condition of probation.