Under this statute it is considered rape if; someone engages in sexual intercourse or deviate sexual activity with another person:
a. By forcible compulsion
b. On someone who is incapable of consent because they are physically helpless or mentally defective or incapacitated
c. On someone who is less than fourteen years old
d. On someone who is a minor and the actor is the victim's; guardian; uncle, aunt, grandparent, step-grandparent, or grandparent by adoption; brother or sister of the whole or half blood or by adoption; or nephew, niece, or first cousin (Arkansas rape and sexual assault laws, n.d.).
In Arkansas, Sexual assault is used as an umbrella term that refers to any crime in which the offender subjects the victim to unwanted sexual activity. …show more content…
This is considered statutory rape and statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities (Steiner, n.d.). Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Rape that does involve force or an assault is illegal in Arkansas and prosecuted as forcible rape. Penalties vary according to the conviction, but may include fines, prison time, and being required to register as a sex offender (Steiner, n.d.). In Arkansas Rape is a Class Y felony and is punishable by imprisonment for 10-40 years or by life in prison. Rape is a serious type of sexual assault and is defined as non-consensual sexual intercourse committed by physical force, threat of force, or by some other form of duress (Steiner,