What Constitutes Rape in the First Degree in Delaware?
Delaware has a broad array of sex crimes and treats each one harshly. Among the most severe is Rape in the First Degree. In Delaware, Rape in the First Degree is defined as intentional and forcible sexual contact with an unwilling victim, plus specific circumstances outlined under Delaware Law (Delaware Code, Title 11, Section 773). In this article, the Delaware criminal defense lawyers at Michael W. Modica, Attorney at Law will discuss the crime of Rape in the First Degree.
When is a person guilty of rape in the first degree
Rape in the First Degree occurs when an individual intentionally engages in sexual intercourse with another person without the victim’s consent and any of the following circumstances exist:
- The rape occurs during the commission of a crime, or during the immediate flight following the commission of a crime. It can also occur during an attempt to prevent the reporting of a crime, or cause physical or serious mental or emotional injury to the victim
- The rape was facilitated by or occurred during the court of the commission or attempted commission of any felony or the following misdemeanors:
- Reckless Endangering in the Second Degree
- Assault in the Third Degree
- Terroristic Threatening
- Unlawful Administering Drugs
- Unlawful Imprisonment in the Second Degree
- Coercion
- Criminal Trespass in the First, Second, or Third Degree
- During the commission of a Rape in the Second, Third, or Fourth Degree, or during the victim’s flight from the rape, the defendant displayed what appeared to be a deadly weapon or told the victim they had a deadly weapon or dangerous instrument.
- There exists a principal-accomplice relationship between the defendant and the victim.
- The victim had not yet reached their 12th birthday, and the defendant had reached their 18th birthday.
What are the penalties for Rape in the First Degree?
If you are convicted of Rape in the First Degree, you can face a mandatory minimum prison sentence of 15 years in state prison, and a maximum penalty of life imprisonment. The defendant would face mandatory life imprisonment under the following circumstances:
- The victim had not yet reached their 16th birthday at the time that the rape occurred and the defendant inflicts serious physical injury on the victim.
- The defendant intentionally causes serious and prolonged disfigurement to the victim by permanently or intentionally destroying, amputating, or disabling an organ of the victim’s body.
- The defendant is convicted of the rape of three or more separate victims
- The defendant was previously convicted of the following crimes:
- Unlawful Sexual Intercourse in the First Degree
- Rape in the Second or First Degree
- Equivalent offenses in another state
Rape in the First Degree is considered a Class A felony.
Talk to a Wilmington, DE, Criminal Defense Lawyer Today
Michael W. Modica represents the interests of those charged with sex crimes in Wilmington, DE. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your options right away.
