WARRANT FOR | WARRANTS FOR ARREST

Rape and sodomy are the most violent of sex crimes. Rape occurs when an individual
forces another person to have sexual intercourse against their will. It can be committed
as a random act of violence, by someone you date (date rape), or even by a spouse.
It's the most serious of charges since it combines assault with the elements of fornication
or adultery. Sodomy is classified as unnatural sexual activity including bestiality, fellatio
and cunnilingus. Often referred to as "crimes against nature," rape and sodomy are
in the same category of grave sex offenses and carry the heaviest punishments.

In order to determine that rape or sodomy has occurred, there needs to be physical evidence that the victim has been penetrated. Note: that some statutes only call for a showing of penetration. Completion of the sex act resulting in orgasm, ejaculation, or sexual gratification isn't required to charge someone with rape or sodomy.

Statistics show that most sex offenders are men who victimize women, but the roles can be reversed. Men can become victims of sexual assault as well as children. Sexual offenses can also be committed by a combination of two or more men and women in what's known as a group assault or "gang bang".

It's important to clarify that most forcible sex offense statutes do require some resistance on the part of the victim. However, the circumstances of the attack, the characteristics of the perpetrator, any threats that were made, if a weapon was involved in the offense, and the nature of the assault itself, is considered in assessing the victim's resistance. A victim need not resist if to do so would be dangerous or harmful to their well being.

Non-forcible sex offenses include sexual conduct with individuals that the law believes to be incapable of giving consent to sexual acts. Such people include the physically helpless and the mentally incompetent. These victims incapable of giving consent include those who are unconscious, paralyzed, restrained, have permanent mental disorders, or those otherwise incapable of resisting sexual acts. Some states even include individuals who have been involuntary drugged or intoxicated in the category of temporarily mentally disabled victims. All states agree that lack of consent by the victim is considered a "Matter of Law". Since these victims are incapable of giving their consent, consent will not be considered as a valid defense to the crime.

Underage youths also fall into the category of mentally incapable, despite being mentally competent, solely based on their age. Laws differ by state on the age at which a minor becomes an adult so the law in the state you're in will dictate what that age is. Regardless, mistake of fact can not be used as a defense in an underage case. But, is acceptable as a defense in a physically helpless or mentally disabled case if the perpetrator can prove that he/she honestly believed the victim was not physically or mentally disabled. Although it's almost impossible to document.

In the U.S. there is what's known as a sex offender registry system in place designed to allow government authorities to keep track of the residence and activities of sex offenders after release from jail. This information
is made available to the general public. In many jurisdictions registered sex offenders are subject to additional restrictions, including where they can live and prohibiting residency within a designated distance of schools and daycare centers (usually 1,000 - 2,000 feet). Also they are not allowed to be in the presence of minors or own toys or other items of interest to minors since they might be tempted to use these toys to lure minors into a possibly dangerous situation.

It's interesting to point out some facts related to sex offender studies done in the U.S. that document behavior after release from jail.

• Within 3 years of release, 2.5%-3.5% of rapists were rearrested for another rape.

• Sex offenders were about four times more likely than non-sex offenders to be
arrested for another sex crime after their discharge from prison.

• 40% of released sex offenders who allegedly committed another sex crime,
perpetrated the new offense within a year or less from their prison discharge.