Statutory rape in Arkansas is defined as sexual intercourse where the victim is less than 14 years of age and the other person is more than three years older. And actually there is no “statutory rape” listed in Arkansas laws; it is simply called rape. If the accused is not more than three years older, that’s an affirmative defense to prosecution. This type of rape does not require consent as an element of the crime. That is, in order to convict somebody the state does not need to prove consent. Because of the victim’s young age they are not legally able to form consent. It’s also rape when the victim is a minor and the accused is a family member. A minor is anyone under 18 years of age. Family member can be guardian, uncle, aunt, grandparent, brother, sister, nephew, niece or first cousin. It’s a defense to prosecution is the accused was not more than three years older than the victim.
Rape defense lawyer for West Memphis, Marion, and Forrest City Arkansas As a sex crimes lawyer I understand how difficult and serious these cases can be. Rape is a Class Y felony (the most serious) and is punishable from 10-40 years. Pleading guilty to sex with a victim under 14 years of age will get you a minimum 25 years in prison. As with all sex cases, identity is always going to be an issue. Can the state prove it’s you? Is there DNA evidence that could mean it was someone else? In other cases the victim and the accused may know each other well. In those cases you have to ask was a sexual act even performed? What evidence does the state have other than the victim’s word? Does the victim have a motive to lie, or is he or she simply mistaken about what happened? The first thing you need to do is contact an Arkansas sex crimes lawyer. I handle rape cases in Wynne, Forrest City, Crittenden County, and other parts of East Arkansas. Call me at 901-205-9894 for more information.