Louisiana’s criminal justice system treats sexual offenses seriously, and third degree rape is no exception. A conviction results in significant legal and personal consequences that can last a lifetime.
This article explains third degree rape in Louisiana, including its legal definition, potential penalties, and long-term effects.
Statutory Elements
Louisiana Revised Statute 14:43.3 defines third-degree rape.1Louisiana State Legislature. RS 14:43 Third Degree Rape The offense involves nonconsensual anal or vaginal sexual intercourse when the victim cannot resist or understand the act due to specific conditions, or when the offender misuses a position of authority.
One circumstance is when the victim cannot consent because they are unconscious or in a stupor due to an intoxicating, narcotic, or anesthetic agent. This applies if the offender administered the substance, knew it was administered, or should have known the victim was incapacitated by a substance administered by a third party.
Third-degree rape can also occur if the victim cannot understand the act’s nature due to a mental disease or defect, and the offender knew or should have known about this incapacity.
The law also covers offenders who use their position of authority to coerce a victim into sexual intercourse. This includes state employees with authority over someone in legal custody, or staff with supervisory authority over residents in care facilities like nursing homes or mental health facilities. In such facility cases, intercourse is presumed nonconsensual if the victim is a resident and the offender is an employee with authority, unless they are married.
Evidence Requirements
To secure a conviction for third-degree rape, the prosecution must prove each element of the crime beyond a reasonable doubt. Evidence presented depends on the case specifics. For example, if incapacity is alleged, evidence will aim to establish the victim’s condition and the offender’s awareness of it. This can include the victim’s testimony.
Medical and forensic evidence is often important. Toxicological reports can show intoxicating substances, and medical exams may document injuries, though lack of injury doesn’t prevent a rape finding. Louisiana’s rape shield law (Article 403 of the Louisiana Code of Criminal Procedure) limits using a victim’s prior sexual history as evidence, focusing the trial on the specific incident.
Witness testimony, such as observations of the victim’s condition, can also be used. In abuse of authority cases, evidence must show the offender’s position and the coercion involved. A judge or jury evaluates all evidence to decide if the prosecution has proven its case.
Possible Penalties
A conviction for third-degree rape in Louisiana brings severe penalties. Under Louisiana Revised Statute 14:43.3, a guilty individual faces imprisonment at hard labor for up to twenty-five years, meaning incarceration in a state facility with a labor requirement.
This sentence is imposed “without benefit of parole, probation, or suspension of sentence.” This means the offender is not eligible for parole, cannot get a probated sentence instead of jail time, and the judge cannot suspend the sentence. The prison term ordered must be served without these common forms of early release.
The judge decides the exact prison term, up to the twenty-five-year maximum, based on case specifics, prior criminal record, and other factors.
Sex Offender Registration
A conviction for third-degree rape in Louisiana requires sex offender registration, which has serious consequences if not followed. Louisiana Revised Statute 15:541 includes third-degree rape as an offense requiring registration.2Louisiana State Legislature. RS 15:541 Definitions for Sex Offender Registration The Louisiana State Police manages the State Sex Offender and Child Predator Registry. Offenders register with this agency or the local sheriff’s office.
Registration must occur soon after conviction or release from confinement, usually within three business days. The individual must register with the sheriff of their parish and the local chief of police if they live in a municipality with a police department. Information collected includes:
- Full name, date of birth, and social security number
- Current address
- Place of employment or school enrollment
- A current photograph
- Fingerprints and DNA samples if not already on file
- Vehicle information for any vehicle owned or operated
Registration is an ongoing duty. Offenders must report in person to verify their information. A third-degree rape conviction leads to a Tier 2 classification, requiring 25 years of registration with annual in-person updates to the parish sheriff.3FindLaw. Louisiana Revised Statutes Tit. 15, § 542 Registration of Sex Offenders and Child Predators Any change in required information, like address or employment, must be reported within three business days. Not complying with registration laws is a separate felony (Louisiana Revised Statute 15:543) with its own penalties. The public can find some information about registered sex offenders on the Louisiana State Police website.4Louisiana Department of Public Safety & Corrections. Louisiana Sex Offender Registry Information
Collateral Consequences
Beyond legal punishments, a third-degree rape conviction in Louisiana leads to many other consequences that affect an individual’s life long after their sentence. These effects create major challenges for reintegration and future opportunities.
Employment Limitations
Finding and keeping a job becomes very difficult after a third-degree rape conviction. Louisiana law allows employers to ask about criminal history, and a felony sex offense often disqualifies applicants. Jobs involving contact with vulnerable groups like children or the elderly are usually not an option. For example, Louisiana Revised Statute 17:15 requires criminal history checks for school staff, making employment in schools unlikely.5Louisiana State Legislature. RS 17:15 Criminal History Review for School Personnel Employers in other fields may also be reluctant to hire someone with this type of conviction.
Housing Restrictions
Finding stable housing is another major challenge. Sex offender registration laws (Louisiana Revised Statute 15:540 et seq.) restrict where registered individuals can live, especially near schools, parks, and daycare centers. Private landlords often do background checks and may deny rentals to those with felony sex offense convictions. Public housing authorities might also deny housing based on such convictions. These factors make finding housing difficult.
Rights Implications
A felony conviction for third-degree rape in Louisiana leads to the loss or major restriction of several civil rights.
The right to vote is affected. Under Article I, Section 10 of the Louisiana Constitution, someone convicted of a felony cannot vote while imprisoned.6Louisiana State Senate. Louisiana Constitution Article I, Section 10 – Right to Vote Voting rights can be restored after completing the sentence, including any parole and probation.
The right to possess firearms is also lost. Louisiana Revised Statute 14:95.1 makes it illegal for anyone convicted of certain felonies, like third-degree rape (a crime of violence), to have a firearm.7Louisiana State Legislature. RS 14:95.1 Possession of Firearm by a Person Convicted of Certain Felonies This ban is usually lifelong.
Serving on a jury also becomes impossible. Louisiana Code of Criminal Procedure Article 401 states that a person convicted of a felony who has not been pardoned cannot serve on a jury.8Louisiana State Legislature. CCP Art. 401 General Qualifications of Jurors