Rape is commonly known as the unlawful carnal knowledge of a woman without her consent by a man who is not her husband. While Vermont rape laws embody the essence of this common law definition, it has been officially codified in the state under the definitions of Vermont sexual assault laws. This is a quick summary of the rape and sexual assault laws in Vermont.
Rape and Sexual Assault Laws in Vermont
The following table outlines the specifics of Vermont rape and sexual assault laws.
Code Sections |
13 V.S.A. §3252: Sexual Assault
13 V.S.A. §3253: Aggravated Sexual Assault
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Rape
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Vermont rape law states that a person may not engage in a sexual act with another person and compel the other person to participate in a sexual act:
Without the consent of the other person; or by
Threatening or coercing the other person; or by
Placing the other person in fear that any person will suffer imminent bodily injury.
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Date Rape
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Under Vermont sexual assault laws, a person may not engage in a sexual act with another person and substantially impair that person's ability to consent by administering drugs or intoxicants without knowledge or against the will of the person.
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Statutory Rape
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No person shall engage in a sexual act with a child who is under the age of 16, except:
Where the persons are married to each other and the sexual act is consensual; or
Where one person is less than 19 years old, the other is at least 15 years old, and the sexual act is consensual.
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Aggravated Sexual Assault
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A person commits the crime of aggravated sexual assault if the person commits sexual assault while performing other acts. These include the acts of:
Causing serious bodily injury to the victim
Assisting others in physically restraining, assaulting or sexually assaulting the victim.
Kidnapping the victim.
Armed with a deadly weapon.
Threatening to cause imminent serious bodily injury to the victim.
Applying deadly force to the victim.
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Penalties
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Sexual assault in Vermont carries a prison sentence of at least 3 years with a maximum term of life. The convicted can also be fined up to $25,000.
Vermont's statutory rape laws will be punished by a prison term of up to 20 years, a fine of up to $10,000, or both.
Aggravated sexual assault is punishable by a prison term of at least 10 years with a maximum term of life. In addition, the convicted may be fined up to $50,000. Parole will not be granted during the minimum term.
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If you have been accused of rape or sexual assault and would like some legal advice, you can contact a Vermont criminal defense lawyer through FindLaw. Visit FindLaw's sections on rape, sexual assault, and other sex crimes for more articles and information on this topic.