Under what law will a person be charged for unlawful sex in Delaware?
Full Question:
I am 15 years old and I live in Delaware with my family. My dad’s friend who is 30 years old and a bachelor also stays with us. Last weekend while I was home alone, he forcefully had sex with me without my consent. Initially, I was afraid of letting anyone know of the incident. I am not able to live with it any longer and would like to file a complaint against my dad’s friend.
12/19/2016 |
Category: Criminal » Statutory Rape |
State: Delaware |
#28428
Answer:
In your case, the actor is an adult and the victim is a minor. Therefore, it will be categorized as rape in the fourth degree per 11 Delaware Code Annotated §770. It reads:
“(a) A person is guilty of rape in the fourth degree when the person:
(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's sixteenth birthday; or
(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim's consent; or
b. The victim has not reached that victim's sixteenth birthday.
(4) [Repealed.]
(b) Paragraph (a)(3) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.
(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's sixteenth birthday; or
(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim's consent; or
b. The victim has not reached that victim's sixteenth birthday.
(4) [Repealed.]
(b) Paragraph (a)(3) of this section does not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.
Rape in the fourth degree is a class C felony.”
Therefore, your dad’s friend will be charged with rape in the fourth degree and may be found guilty of class C felony per 11 DEL. C.§770.
