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Legal Statutes: Arkansas

UPDATED January 17, 2014

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Subchapter 1. General Provisions

back to top5-14-103. Rape

(a) A person commits rape if he or she engages in sexual intercourse or deviate sexual activity with another person:

(1) By forcible compulsion;

(2) Who is incapable of consent because he or she is:

(A) Physically helpless;

(B) Mentally defective; or

(C) Mentally incapacitated;

(3)(A) Who is less than fourteen (14) years of age.

(B) It is an affirmative defense to a prosecution under subdivision (a)(3)(A) of this section that the actor was not more than three (3) years older than the victim; or

(4)(A) Who is a minor and the actor is the victim's:

(i) Guardian;

(ii) Uncle, aunt, grandparent, step-grandparent, or grandparent by adoption;

(iii) Brother or sister of the whole or half blood or by adoption; or

(iv) Nephew, niece, or first cousin.

(B) It is an affirmative defense to a prosecution under subdivision (a)(4)(A) of this section that the actor was not more than three (3) years older than the victim.

(b) It is no defense to a prosecution under subdivisions (a)(3) or (4) of this section that the victim consented to the conduct.

(c)(1) Rape is a Class Y felony.

(2) Any person who pleads guilty or nolo contendere to or is found guilty of rape involving a victim who is less than fourteen (14) years of age shall be sentenced to a minimum term of imprisonment of twenty-five (25) years.

(d)(1) A court may issue a permanent no contact order when:

(A) A defendant pleads guilty or nolo contendere; or

(B) All of the defendant's appeals have been exhausted and the defendant remains convicted.

(2) If a judicial officer has reason to believe that mental disease or defect of the defendant will or has become an issue in the case, the judicial officer shall enter such orders as are consistent with § 5-2-305.

(e) A person convicted of rape is subject to § 9-10-121.
Acts of 1975, Act 280, § 1803; Acts of 1981, Act 620, § 12; Acts of 1985, Act 281, § 2; Acts of 1985, Act 919, § 2; Acts of 1993, Act 935, § 1; Acts of 1997, Act 831, § 1, eff. March 26, 1997; Acts of 2001, Act 299, § 1, eff. Aug. 13, 2001; Acts of 2001, Act 1738, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1469, § 3, eff. July 16, 2003; Acts of 2006 (1st Ex. Sess.), Act 5, § 2, eff. July 21, 2006; Acts of 2009, Act 748, § 8, eff. July 31, 2009;  Acts of 2013, Act 210, § 2, eff. March 1, 2013.