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Mississippi Rape and Sexual Assault Laws

Every state criminalizes rape and sexual assault. Mississippi's sexual assault laws call for severe penalties that depend on the age of the victim, the degree of violence, and whether the offender was in a position of trust.

If you're facing criminal charges for any sex crime, you should get to know your state's laws. This way, you know what the potential penalties are and what defenses are available to you. Here, we'll discuss both of these things and describe how the State of Mississippi defines rape and sexual assault.

Types of Sex Crimes in Mississippi

Mississippi law makes it illegal for someone to commit a sexual assault. Various offenses fall under the umbrella of sex crimes. Some of these include:

We'll discuss the details of these crimes in the chart below. It's important to understand that a conviction of any of these offenses will lead to potential jail time, fines, and mandatory registration as a sex offender.

You must also understand that the charges and penalties increase with a subsequent offense. For example, if you have a first-offense conviction for a crime involving sexual violence and you face a second conviction for sexual abuse or assault, your prison sentence will be longer, and the fines will be higher.

The Age of the Victim Is Important

Regardless of the charges, the victim's age can significantly affect your case. This is especially true for the crime of statutory rape and sexual battery.

For example, for the crime of sexual battery, if the victim was 15 but the perpetrator was 18, you'll face up to 5 years in the state penitentiary and up to $5,000 in fines. But if the perpetrator is 21, the crime is punishable by up to 30 years in prison and up to $10,000 in fines.

Mississippi Rape and Sexual Assault Laws

The following table outlines the rape and sexual assault laws in Mississippi.

Code sections

Miss. Code Ann. §§ 97-3-65 et seq.

What is prohibited?

The Mississippi Code prohibits forcible sexual intercourse, sexual conduct, and sexual abuse. Some of the crimes under Mississippi law include those listed below.

Statutory rape:

Mississippi’s statutory rape laws prohibit the following:

  • Someone who is 17 having sex with a child who is between 14 and 16
  • Someone who is 17 having sexual intercourse with someone more than two years younger
  • A person of any age having sex with a child under 14 who is at least two years younger than the perpetrator

Note: For statutory rape, the victim must not be the person’s spouse.

Rape:

The definition of rape under Mississippi law is forcing someone to engage in sex or having sex with someone after giving them alcohol or drugs that prevents them from giving proper consent.

Sexual assault:

Sexual assault is assaulting a woman with the intent of raping her. Mississippi law also calls this crime assault with intent to ravish.

Sexual battery:

Mississippi law defines this crime as sexual penetration of any of the following:

  • Another person without consent
  • A person with a mental impairment or a physically helpless person
  • A child who is at least 14 or 15 years old
  • A child who is three years younger than the perpetrator
  • A child who is under 14 years of age and two years younger than the perpetrator
  • A child under 18 years of age when the perpetrator is in a position of authority (such as a teacher, counselor, physician, legal guardian, parent, coach, correctional officer, etc.)

Sexual fondling:

  • Someone who is at least 18 fondling a child under 16, a physically helpless person, or someone with a mental impairment to gratify the perpetrator's lust or sexual desires.
  • An authority figure fondling a child under 18, younger than the perpetrator, and not the perpetrator's spouse.
Penalties

Rape and sexual assault are punishable by life imprisonment.

Statutory rape and sexual battery crimes are punishable from five years to life imprisonment and fines of $5,000 to $10,000. More penalties may apply for repeat offenders.

A person in a position of authority who sexually penetrates an inmate, parolee, or a person on probation or otherwise under supervision may be charged with a felony. A conviction may result in up to five years in prison and $5,000 in fines.

Fondling a child or a mentally defective, mentally incapacitated, or physically helpless person is a felony and is punishable by up to 15 years in prison and up to $5,000 in fines. Subsequent offenses are punishable by up to 20 years in prison.

A conviction of any of these crimes may result in mandatory registration as a sex offender.

Defenses

Consent or the victim's lack of chastity is not a defense to statutory rape.

Lack of chastity may be a defense to rape if it affects the victim's credibility on the issue of rape.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Rape and Sexual Assault in Mississippi: A Criminal Defense Lawyer Can Help

If you're facing charges for rape or a sexual assault crime, contact a Mississippi criminal defense attorney. You can also visit FindLaw's sections on Rape, Sexual Assault, and Sex Offenders and Sexual Offenses for more articles and information on these topics.

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