GSA with Complusion

A person is guilty of gross sexual assault if that person engages in a sexual act with another person and the other person submits as a result of compulsion.

This is what most people think of when referring to the word “rape”. It requires the prosecution to prove beyond all reasonable doubt the defendant engaged in a sexual act, as defined above, with another person and the person submits as a result of compulsion. Compulsion means the use of physical force, a threat to use physical force or a combination thereof that makes a person unable to physically repel the actor or produces in that person a reasonable fear that death, serious bodily injury or kidnapping might be imminently inflicted upon that person or another human being.

GSA with compulsion is a Class A felony. The sentencing range for a Class A crimes is 0 to 30 years imprisonment, 4 years of probation, and/or a $50,000 fine. Of course, every rule has an exception. The sentencing range for someone convicted of GSA with Compulsion increases as follows:

If the prosecution pleads and proves that GSA with Compulsion was committed against a person who had not yet attained 12 years of age at the time of the crime the court shall impose a definite term of imprisonment of any term of years (0 to any number of years). In determining the basic term of imprisonment as the first step of the sentencing process, the court shall select a term of at least 20 years. The maximum period of probation increases to 18 years.

If the State pleads and proves that GSA with Compulsion was committed against a family or household member the maximum period of probation is six years.

If the prosecution pleads and proves the Defendant is a repeat sexual offender the court may impose a period of imprisonment and a period of probation for any term of years (0 to any number of years). For purposes of this section a repeat sexual offender means:

A person who commits a new gross sexual assault after having been convicted previously and sentenced for any of the following

Gross sexual assault, formerly denominated as gross sexual misconduct

Rape;

Attempted murder accompanied by sexual assault;

Murder accompanied by sexual assault; or

Conduct substantially similar to a crime listed in subparagraph (1), (2), (3) or (4) that is a crime under the laws of another jurisdiction

If the prosecution pleads and proves the Defendant commits GSA with Compulsion with the use of a gun the minimum sentence that can be imposed is 4 years.

 

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