Third degree rape is a type of rape that is defined differently in different states. In general, it is considered a less severe form of rape than first or second degree rape. Here are some examples of how third degree rape is defined in different states:
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Washington: If an alleged offense does not meet the definition of first or second degree rape, but still involves “clearly-expressed” lack of consent or threat of harm to the alleged victim’s property, the state may charge it as third degree rape. This is a class C felony, carrying up to five years imprisonment.
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Louisiana: Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances: (1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim; (2) When the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender; (3) When the victim is incapable through unsoundness of mind of understanding the nature of the act and the offender knew or should have known of the victims incapacity; or (4) When the offender acts without the consent of the victim. Third degree rape is a Class D felony, carrying up to 25 years of imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.
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Kentucky: A person is guilty of rape in the third degree when: (a) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old; or (b) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded or mentally incapacitated. Rape in the third degree is a Class D felony.
In general, third degree rape involves sexual intercourse without the lawful consent of the victim, but does not involve the use of force or other aggravating circumstances that would make it first or second degree rape.
