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Delaware Rape Laws

First Degree of Sexual Assault

  • The offender enters another person's private areas without that person's permission.

  • Sexually penetrates another person who is (a) legally in the offender's care, (b) mentally ill, and (c) enrolled in a program or facility that has a state license.

  • Attempts to sexually penetrate another person without that person's consent and cause serious physical harm to that person

  • Given that the offender is a health care provider and that the crime takes place while the victim is receiving professional treatment, the offender engages in sexual penetration with a person that the offender is aware is unaware that a sexual act is being performed.

What are the punishments for this crime?

First-time felony convictions are as follows:

  • If the victim is younger than 13 years old, the criminal might spend 25 to 35 years in prison.

  • If the victim is 13 years old or older, the offender risks 20 to 30 years in prison.

  • If the offender used a weapon or other dangerous object to conduct the offense, a sentence of 25 to 35 years in prison may be given.

For a second violation, the prison sentence for the perpetrator is from 30 to 40 years (if the first offense was not a sexual offense).

  • A person might spend 35 to 45 years behind bars if they are found guilty of a second felony after committing a sexual offense.

  • The sentence for a third conviction is from 40 to 60 years in jail if the first two felonies were not sexual offenses or the most serious felonies.

  • A person faces 99 years in prison if they are found guilty of a third crime and the first two were not the most serious felonies or sexual offenses.

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