• 215 3rd St N Suite 208, Grand Forks, ND 58203
  • (701) 775-7837
  • info@wardkjohnsonlaw.com

Ward K Johnson Law

Ward K Johnson Law

Fargo ND Legal Aspects of Rape Charges

Sex offenses can have life-altering consequences and are one of the most emotionally charged crimes that an individual can be accused of. Its severity can lead to being labeled as a sex offender and includes penalties and punishments. Rape Lawyers Fargo ND from Ward K Johnson Law Firm are aware of your emotional state and will assist you in defending the charges. The attorneys in our Rape Law Firm Fargo ND shall not only challenge the evidence but also develop a defense that will lean towards reducing or dismissing charges.

Defining “Rape”

Rape is when an individual is forced to engage in sexual activity against their will or without their consent. Such behavior is illegal across the United States of America, but the legal word for it differs by state. This offense is called rape in some states, while it is referred to as sexual assault, sexual violence, or illegal sexual penetration in others. Regardless of how a state defines this crime, most people believe it is sexual penetration or sodomy without consent. Sexual Penetration is further defined as penetration of the vagina with either a body part or an object in most states in the United States of America. 

Understanding “Consent”

An important aspect of this crime is the lack of consent. A sexual act may be termed a sexual crime if the victim has not consented to it. Certain groups of individuals who are considered incapable of consent according to the country are as follows:

  • Minors below the age of fourteen or fifteen, due to the nature of their mental abilities in comprehending sex and consent
  • An individual who is developmentally disabled
  • An individual who is mentally ill
  • An individual who is intoxicated or physically helpless

In addition, non-consensual sex or rape of a person of authority or a mental health care provider is also criminalized in the United States of America. To defend your case better, Rape Lawyers Fargo ND understands your case with respect to consensual sex and gathers evidence and witnesses to get you acquitted or reduce charges.

Penalties for Rape

Due to the severity of the crime, the state of North Dakota considers rape a felony and misdemeanor based on the degree of the crime. Thus penalties and punishments depend on the classes of the felonies and misdemeanors. However, the type of penalties that the crime includes are as follows:

  1. Imprisonment- This includes jail time from one year to life imprisonment based on the circumstances of the crime. Some states may require a minimum prison time, while in some states, the judge has the discretion to reduce the sentence or allow the accused to serve probation. 
  1. Psychological Help– While imprisoned, the accused may be required to go through a rehabilitation program or mental health treatment. This could also be an alternative to reducing jail time and serving probation. 
  1. Sex-Offender Registration– This penalty could have a lifelong consequence as the country maintains a website with the names of all sex offenders that is open to the public. The accused must give their personal details so that they can be put up on the website. 

As penalties for rape are long-term and severe, you need to get in touch with a reputed Rape Law Firm Fargo ND. Thus, our Rape Lawyers Fargo ND from Ward K Johnson Law Firm will legally represent you in court. In a rape case, having a solid defense is very important. Keeping in mind the nature of the crime, defenses include false accusations, intoxication, and consensual sex, to name a few. Based on our client-centric philosophy, we provide an open environment for you to discuss the case with us at ease. We understand the gravity of the crime and thus leave no stone unturned to defend you. We shall negotiate the sentence with the prosecutor if proven guilty. A Rape Law Firm Fargo ND, like ours, will make sure you get the best possible outcome in such an emotionally challenging time for you.