Rape in the third degree

[HulaHoop2]

I realize there are probably several Weinstein threads elsewhere but I didn’t want my question to get lost among all the other posts.

I have just been reading that Harvey Weinstein was convicted of “rape in the third degree” but acquitted of the more serious crimes of “rape in the first degree” and “predatory sexual assault”. Can someone who is familiar with US law please explain why there are degrees of rape, and why “predatory sexual assault” is a separate category of crime?

Different states have different laws around rape.

Vox has a decent explanation of the Weinstein charges and what is meant by degrees of rape etc.

www.vox.com/2020/2/24/21151073/harvey-weinstein-third-degree-rape

From what I understand this applies to situations where the person is essentially being coerced into sex through some sort of pressure. In Weinstein's case that seems to have been his main mode, he would put women in a position where they felt like they couldn't say no.

First degree rape is when you use some sort of physical coercion or a weapon or you kidnap the victim, something like that. Predatory sexual assault is when it is first degree rape but there are other circumstances that make it more serious, the person being injured seriously, I think incest, and there are some other circumstances.

As far as I know the reason to differentiate charges is to reflect different levels of effect and different types of intent, and sentencing requirements will differ, much as it is with different types of murder charges. It also means that it may be possible to convict on one charge where another would not have been provable with available evidence. In this case for example they didn't seem to be able to meet the burden for the charge of first degree rape, but they were able to do so for the third degree rape.

Thank you for explaining that. I think I was just a bit surprised that the law differentiates between types of rape because to me, rape is rape, and Weinstein is undeniably a sexual predator who assaulted women!

To my mind, rape is rape. Unwanted penetration.

And I think there should be a flat (long!) sentence for it.

But what I would like to see is that the accompanying crimes are also prosecuted - restraining or detaining someone against their will, coercion, assault through punching the victim, threatening with a knife etc.

There are so many violent crimes that go along with rape but rape is the only one that the perpetrator is charged (and then only if you are ‘lucky’).

Yes I completely agree.