What's the difference between Criminal Sexual Assault and Rape? Talking about Weinstein.

[MoonRiver]

[Mike 03]

1. It seems that Criminal Sexual Assault falls just short of rape.

But I'm no attorney.

Sexual Assault: Definition
Specific laws vary by state, but sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or assault/battery, to attempted rape.

And there are graphic descriptions of what is included here:

https://criminal.findlaw.com/criminal-charges/sexual-assault-overview.html

And here's the broad description of rape provided by findlaw:

The crime of rape generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress.

Common law defined rape as unlawful intercourse by a man against a woman who is not his wife by force or threat and against her will. However, most states have refined and broadened the statutory definition of rape so that marriage, gender, and force are not relevant. The victim's lack of consent is the crucial element. A lack of consent can include the victim's inability, due to the effects of drugs or alcohol, to say "no."

And specifics here: https://criminal.findlaw.com/criminal-charges/rape.html

Please correct this if it's wrong.

[jberryhill]

2. It depends on the nomenclature assigned by that particular state

In many states, there is no crime called 'rape'.

This is one of my DU pet peeves... I'll see if I can dig up a link to the last explanation of "States get to name crimes" thing.

On edit:

First off, lets be clear about the counts on which he was convicted:

The jury found Mr. Weinstein guilty of two counts, criminal sexual assault in the first degree and rape in the third degree.

Here are the relevant NY statutes:

http://ypdcrime.com/penal.law/article130.htm#p130.35


S 130.25 Rape in the third degree.

A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;

2. Being twenty-one years old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without
such person`s consent where such lack of consent is by reason of some
factor other than incapacity to consent.

Rape in the third degree is a class E felony.

S 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:

1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or

2. he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.

It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivision one of this section that the defendant
was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

S 130.35 Rape in the first degree.

A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:

1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.

S 130.40 Criminal sexual act in the third degree.

A person is guilty of criminal sexual act in the third degree when:
1. He or she engages in oral sexual conduct or anal sexual conduct
with a person who is incapable of consent by reason of some factor other
than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in oral
sexual conduct or anal sexual conduct with a person less than seventeen
years old; or
3. He or she engages in oral sexual conduct or anal sexual conduct
with another person without such person's consent where such lack of
consent is by reason of some factor other than incapacity to consent.
Criminal sexual act in the third degree is a class E felony.

S 130.45 Criminal sexual act in the second degree.

A person is guilty of criminal sexual act in the second degree when:
1. being eighteen years old or more, he or she engages in oral sexual
conduct or anal sexual conduct with another person less than fifteen
years old; or
2. he or she engages in oral sexual conduct or anal sexual conduct
with another person who is incapable of consent by reason of being
mentally disabled or mentally incapacitated.
It shall be an affirmative defense to the crime of criminal sexual act
in the second degree as defined in subdivision one of this section that
the defendant was less than four years older than the victim at the time
of the act.
Criminal sexual act in the second degree is a class D felony.

S 130.50 Criminal sexual act in the first degree.

A person is guilty of criminal sexual act in the first degree when he
or she engages in oral sexual conduct or anal sexual conduct with
another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Criminal sexual act in the first degree is a class B felony.