A person commits rape if he engages in Sexual Intercourse* or Deviate Sexual activity** with another person:

1.   by forcible compulsion***

2.   who is incapable of consent because he is physically helpless, mentally defective, or  mentally incapacitated

3.   who is less than 14 years of age

4.   who is less than 18 and the actor is a guardian, uncle/aunt, grandparent, brother/sister, nephew/niece or first cousin

*Sexual Intercourse means the penetration, however slight, of a vagina by a penis.

**Deviate Sexual Activity means any act of sexual gratification involving    penetration, however slight, of the anus or mouth of one person by the penis of another person; the penetration, however slight, of the vagina or anus of one person by any body member or foreign instrument manipulated by another person.

***Forcible Compulsion means physical force, or a threat, expressed or implied, of death or physical injury to or kidnapping of any person.

Above is the legal definition of rape in Arkansas as of 2013. There are a number of laws which cover a variety of sexual offenses other than rape. Contact ORCC or the Prosecuting Attorney’s office for more legal information. It is important to remember that there are times when a person has been coerced or manipulated into other sexual acts. Although this coercion would not meet the legal definition of rape, a person may still feel victimized and experience many feelings and reactions similar to those of rape victims.

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