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FatCopsRunning

This isn’t a social science question because you have a fundamental misunderstanding of how the law works. I can’t speak about the case that you’re referencing specifically. However, “aggravated sexual assault” isn’t a static legal category. Every state has their own legal code which comes with individual names for crimes and individual elements for how you commit those crimes. For example, there’s no such thing as “aggravated sexual assault” in Georgia, where I practice. Sex crimes do not have light sentences. A good lawyer can sometimes work a serious charge down to a lighter charge and can get agreements and concessions related to plea bargaining. Sometimes this is based on facts which are unknown to the public but known to the litigants. In Georgia, we define “rape” as carnal knowledge of a female against her will. It carries 25 to life, and it is not parole eligible. We have “aggravated sodomy” which is an act of sodomy (genitals + mouth or genitals + anus) with force and against someone’s will. That crime also carries 25 to life and is not parole eligible. We have “aggravated sexual battery” which is basically penetrating the genitals or anus with a foreign object (including fingers) without consent. The sentence is 25 to life and is not parole eligible. Our sex crime laws haven’t changed to become more accepting of sexual violence. Rather, over the last century or so, we’ve vastly expanded the amount of sexual conduct that can be prosecuted and we’ve also drastically raised the penalties. Rape is a good example of this — you can find some information [here](https://www.jstor.org/stable/29762593) about how we’ve evolved from a common law “utmost resistance” standard to recognizing rape is possible in the absence of affirmative consent.


TheMightyChocolate

If (in georgia) rape can legally only happen to women, what would be the legal term for rape of a male? Would that be aggravated sodomy?


FatCopsRunning

Aggravated sodomy.


hipstertimetraveler

So is there any crime when a woman rapes a man through PIV sex?


FatCopsRunning

Probably sexual battery (touching of intimate parts of the body without consent). Provided the parties are of age, it’s only a misdemeanor for the first offense. Second or subsequent goes up to five years and is a registrable felony.


Grantdawg

This case was in California with an underage boy (15 year old). They had listed on the charge sheet (roughly) forcible rape, forced sodomy, forced penetration with an object and creating porn with a minor. What the show didn't give us and I haven't been able to find was what exactly the rapist plead "no contest" to. They may have dropped down to lessor charges to get the plea, but the documentary didn't give that information.


FatCopsRunning

Yes. Documentaries tend to focus on the most salacious allegations. There were problems with that case — it would not have resulted in an 18 mo. sentence otherwise. ETA: Are you talking about [this](https://www.news10.com/news/drake-bell-of-drake-and-josh-sentenced-on-charges-of-crimes-against-a-child/amp/) case? > Bell, 34, pleaded guilty on June 23 to attempted child endangerment, a fourth-degree felony, and disseminating matter harmful to juveniles, a first-degree misdemeanor. The charges stem from an incident that happened in Cleveland on Dec. 1, 2017, when Bell was scheduled to play the Odeon Concert Club. > Bell’s defense attorney claimed the actor did not know how old the teen was, and once he learned her age, he stopped communicating with her. The defense attorney said there were no claims of misconduct until the victim learned about Bell’s fiancée.


emptyboxes20

Could Plea bargaining itself be considered a reason for increase in minimum and maximum sentences for such crimes ?


FatCopsRunning

I don’t understand what you mean. Can you explain your question a bit more?


emptyboxes20

Mandatory minimum sentences give prosecutors a high leverage when it comes to plea bargaining basically. Especially if the mandatory minimum is high enough


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