Arkansas Rape and Sexual Assault Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed February 25, 2025

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Sexual assault is any crime where a person subjects their victim to unwanted sexual activity. Some examples of sexual assault include inappropriate touching, rape, attempted rape, and child molestation.

State laws define which specific acts qualify as sexual assault. Arkansas law breaks down the crime of sexual assault into four degrees: Class A, Class B, Class C, and Class D felonies.

Here, we'll discuss the varying degrees of sexual assault in Arkansas, including the penalties for each. We will also provide examples of each type of assault.

If you're facing sexual assault charges, you should consult an experienced criminal defense attorney in Arkansas. They can answer any questions you have about your sexual assault case and work hard to provide the best possible outcome.

Levels of Sexual Assault in Arkansas

The Arkansas Criminal Code outlines the types of sexual assault, including the definitions and penalties for these crimes. Below, we'll briefly discuss these sex crimes and provide examples of each.

First-Degree Sexual Assault: Class A felony

Engaging in sexual intercourse or deviate sexual activity with a minor constitutes first-degree sexual abuse. For example, it would be first-degree sexual assault for a correction officer to engage in sexual relations with an inmate against their will.

Second-Degree Sexual Assault: Class B felony

If someone engages in sexual contact with someone by forcible compulsion, they may be guilty of second-degree sexual assault.

Third-Degree Sexual Assault: Class C felony

A minor who engages in sexual intercourse or deviate sexual activity with someone under 14 years old may be guilty of a third-degree sexual assault.

Fourth-Degree Sexual Assault: Class D felony

It's against the law to have sexual relations with a minor who is more than four years younger than you. This qualifies as fourth-degree sexual abuse. Many refer to this crime as statutory rape.

Rape: Class Y Felony

Rape happens when someone engages in sexual acts with a third party using force and without the person's consent. This crime most closely resembles people's general understanding of rape. An example of this would be a stranger holding a woman up at gunpoint in her home while having violent sexual intercourse with her.

Note: Arkansas law does not recognize spousal rape.

How Do Arkansas' Sexual Assault Laws Define Deviate Sexual Contact?

For most types of sexual assault, Arkansas law requires that the defendant engage in sexually deviant acts with their victim.

Specifically, one of the following conditions must exist to qualify as sexual assault in Arkansas:

  • Rape
  • Sexual indecency with a child
  • Sexual assault in the first degree
  • Sexual assault in the third degree
  • Sexual assault in the fourth degree

The only sex crime that doesn't have this element is sexual assault in the second degree. These cases involve defendants who committed sexual abuse against someone in their care or authority.

According to Arkansas Code §5-14-101, deviate sexual behavior includes any of the following:

  • Sexual intercourse
  • Penetration of the female victim's vagina or anus
  • Penetration of a male victim's anus
  • Penetration of the victim's mouth with a body organ
  • Penetration of the victim's mouth or other intimate body part with a foreign object

Rape Laws in Arkansas at a Glance

Rape is the most serious sex crime. Every state criminalizes rape, and most lawmakers define the crime as non-consensual sexual intercourse committed using physical force, the threat of force, or some other form of coercion.

The following chart highlights Arkansas' rape laws.

Code section

Arkansas Code section 5-14-101; 5-14-102; 5-14-103
What does Arkansas law prohibit?

Arkansas law prohibits a person from engaging in sexual intercourse or deviate sexual conduct with another person under the following circumstances:

  • By forcible compulsion
  • The victim can't give consent due to physical helplessness or a mental or physical impairment.
  • The other person is under 14
  • The victim is a minor, and the offender is the victim's guardian, uncle, aunt, grandparent, step-grandparent, grandparent by adoption, brother or sister, nephew, niece, or first cousin.
Definition of sexual intercourse

Sexual intercourse requires penetration (no matter how slight) of the labia majora by a penis or other anus.
Definition of deviate sexual activity

Any act of sexual gratification involving:

  • Penetration of the victim's mouth or anus by the defendant's penis or foreign object
  • Penetration of the labia majora or anus of a person by any body part or foreign instrument
Penalties

Class Y felony. Anybody guilty of this criminal charge will face prison time. The length of the sentence depends on the nature of the crime and the victim's age.

Specifically, the following prison terms will apply:

  • The victim is over the age of consent (18) — 10-40 years
  • The victim is younger than 14 years of age — 25 years
  • The defendant is over 18 and uses force while the victim is under 14: Life in prison
  • The victim is a member of the defendant’s family — 20 years

IAlso, the defendant must register as a sex offender. Also, per the victim’s request, the court may grant a permanent no-contact order.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.

How Can an Arkansas Sex Crime Attorney Help?

State laws change frequently. For case-specific information on Arkansas' rape and sexual assault laws, contact a local sex crime lawyer. You should also consult a criminal defense attorney if you're facing rape or sexual assault charges.

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